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JOURNAL 


OF   THE 


CONVENTION  OF  THE  PEOPLE 


OF 


SOUTH  CAROLINA, 

Held    in    1860,    1861    and    1862, 


TOGETHER   WITH   THE 


URDIKANCES,  REPORTS,  RESOLUTIONS,  ETC. 


0 


^  IIUMSHKD    ny    ORDER   OF   THE    C0NTK.VTIO\. 


CULUiMBlA,  S.  C: 
R    W    GIBBES,  PRINTER    TO    THE    rovvFVTTOv 

1862. 


7^'  A'  . 


ci.51S.757Bk.S  7:^^ 


TRINITY  COLLEGE 
LIBRARY    ^ 

DURHAM  :  NORTH  CAROLINA 


% 


^  ^'i . 


FIllST    SESSION. 


MONDAY,   DECEMBER  17,  1860. 

Pursutint  to  an  Act  of  the  General  Assembly  of  the  State  of  South 
Carolina,  entitled  "  An  Act  to  provide  for  the  calling  of  a  Convention  of 
the  People  of  this  State,"  ratified  the  loth  day  of  November,  1860,  the 
Delegates  from  the  several  Election  Districts  of  this  State,  assembled  in 
the  Baptist  Church,  in  the  Town  of  Columbia,  on  this  day,  at  twelve 
o'clock,  M.  .  •     • 

On  motion  of  Mr.  James  H.  Adams,  of  Richland,  Mr.  D.  F.  Jami- 
son, a  Delegate  from  Barnwell,  was  called  to  the  chair. 

On  motion  of  Mr.  J.  Izard  Middleton,  of  All  Saints,  it  was 

Resolved,  That  the  President  appoint  a  member  of  the  Convention 
temporary  Secretary. 

The  President,  in  accordance  with  this  resolution,  l-equested  Mr.  T. 
Y.  Simons,  of  St.  Philip's  and  St.  Michael's,  to  act  as  temporary 
Secretary;  and  then  addressed  the  Convention  as  follows  : 

Gentlemen :  We  have  met  here  under  circumstances  more  solemn 
than  any  of  us  have  ever  been  placed  in  before.  No  one,  it  seems  to 
me,  IS  duly  impressed  with  the  magnitude  of  the  work  before  him,  who 
does  not,  at  the  same  time,  feel  that  he  is  about  to  enter  upon  the 
gravest  and  most  solemn  act  which  has  fallen  to  the  lot  of  this  genera- 
tion to  accomplish.  It  is  no  less  than  our  fixed  deternjination  to  throw 
off  a  Gtovernment  to  which  we  have  been  accustomed,  and  to  provide 
new  safeguards  for  our  future  security.  If  anything  has  been  decided 
by  the  elections  which  sent  us  here,  it  is,  that  Soutli  Carolina  must  dis- 
solve her  connection  with  the  Confederacy  as  speedily  as  possible. 

In  the  progress  of  this  movement  we  have  two  great  dangers  to  fear — 
overtures  from  without,  and  precipitation  within.  I  trust  that  the 
door  is  now  forever  closed  to  all  further  connection  with  our  Northern 


33  no^ 


4  JOURNAL  OF  THE  CONVENTION, 

confederates;  for  what  guarantees  can  they  offer  us,  more  strictly 
guarded,  or  under  higher  sanctions,  than  the  present  written  compact 
between  us?  And  did  that  sacred  instrument  protect  us  from  the 
jealousy  and  aggressions  of  the  North,  commenced  forty  years  ago, 
which  resulted  in  the  Missouri  Compromise? 

Did  the  Constitution  protect  us  from  the  cupidity  of  the  Northern 
people,  who,  for  thirty-five  years,  have  imposed  the  burden  of  support- 
ing the  General  Government  chiefly  on  the  industry  of  the  South? 
Did  it  save  us  from  Abolition  petitions,  designed  to  annoy  and  insult 
us,  in  the  very  halls  of  our  Federal  Congress?  Did  it  enable  us  to 
obtain  a  single  foot  of  the  soil  acquired  in  the  war  with  Mexico,  where 
the  South  furnished  three-fourths  of  the  money,  two-thirds  of  the  men, 
and  four-fifths  of  the  graves  ?  Did  it  oppose  any  obstacle  to  the  erec- 
tion of  California  into* a  free-soil  State,  without  any  previous  territorial 
existence,  without  any  defined  boundaries,  or  any  census  of  her  popula- 
tion ?  Did  it  throw  any  protection  around  the  Southern  settlers  of 
Kansas,  when  the  soil  of  that  territory  was  invaded  by  the  emissaries 
of  Emigrant  Aid  Societies,  in  a  crusade  preached  from  Northern  pulpits, 
when  churchmen  and  women  contributed  Sharp's  rifles  and  Colt's 
revolvers,  to  swell  the  butchery  of  Southern  men  ?  And  has  not  that 
Constitution  been  trodden  under  foot  by  almost  every  Northern  State, 
in  their  Ordinances  nullifying  all  laws  made  for  the  recovery  of  fugitive 
slaves,  by  which  untold  millions  of  property  have  been  lost  to  the 
South  ? 

Let  us  be  no  longer  duped  by  paper  securities.  Written  Constitu- 
tions are  worthless,  unless  they  are  written,  at  the  same  time,  in  the 
hearts,  and  founded  on  the  interests  of  a  people;  and  as  there  is  no 
common  bond  of  sympathy  or  interest  between  the  North  and  the 
South,  all  efforts  to  preserve  this  Union  will  not  only  be  fruitless,  but 
fatal  to  the  less  numerous  section.  The  other  danger  to  which  1  re- 
ferred, may  arise  from  too  great  impatience  on  the  part  of  our  people 
to  precipitate  the  issue,  in  not  waiting  until  they  can  stfike  with  the 
authority  of  law. 

At  the  moment  of  inaugurating  a  great  movement  like  the  present,  I 
trust  that  we  will  go  forward,  and  not  be  diverted  from  our  purpose  by 
influences  from  without.  In  the  outset  of  this  movement  I  can  offer 
you  no  better  motto  than  Danton's,  at  the  commencement  of  the 
French  Revolution  :  "  To  dare  I  and  again  to  dare !  and  without  end  to 
dare!" 


MONDAY,  DECEMBER  17,  1860.  5 

Mr.  J.  H.  Adams,  of  Richland,  offered  the  following  resolutions  : 

Resolved,  That  the  proceedings  of  this  meeting  be  opened  with 
prayer,  and  that  the  Bfev.  Mr.  Breaker  be  invited  to  officiate  this 
ni9rning.  •  ' 

Resolved,  That  each  successive  day  of  our  Convention  be  opened 
with  prayer,  and  that  the  President  of  the  Convention  be  requested  to 
invite  some  clergyman  to  perform  that  duty. 

The  question  being  taken,  the  resolutions  were  agreed  to,  and  the 
proceedings  were  opened  with  prayer  accordingly. 

The  President  laid  before  the  Convention  the  following  communica- 
tion : 

House  of  Representatives,  December   17,  1860. 
To  the  Honorable  the  President  of  the  Convention  . 

of  the  People  of  South  Carolina: 
Sir:  In  accordance  with  a  resolution  adopted  by  the  House  this  day, 
I  have  the  honor  of  extending  to  you  and  the  members  of  the  Conven- 
tion, an  invitation  to  attend  the  inauguration  of  the  Governor  elect,  to 
take  place  this  day  in  the  Hall  of  the  House  of  Representatives. 
With  profound  respect, 

I  have  the  honor  to  be. 
Respectfully  yours, 

JAMES   FARROW, 
Chairman  Committee  of  Arrangements. 

On  motion  of  Mr.  James  L.  Orr,  of  Anderson,  it  was 

Rrsohed,  That  the  communication  be  laid  on  the  table  until  the 
organization  of  the  Convention  is  completed. 

The  credentials  of  the  following  individuals  were  then  exhibited,  and 
their  names  enrolled  as  members  of  the  Convention  : 

Abbeville— Thos.  Chiles  Perrin,  Edw.  Noble,  J.  H.  Wilson,  Thos. 
Thomson,  David  Louis  Wardlaw,  Juo.  Alfred  Calhoun. 

All  Saints — John  Izard  Middleton,  Benjamin  E.  Sessions. 

Anderson — J.  N.  Whitner,  James  L.  Orr,  J.  P.  Reed,  R.  F.  Simp- 
son, Benjamin  Franklin   Mauldin.- 

Barnmell — Lewis  Malone  Ayer,  Jr.,  W.  Peronncau  Finley,  J.  J. 
Brabham,  Benj.  W.  Lawton,  D.  F.  Jamison. 


6  JOURNAL  OF  THE  CONVENTION, 

Chester — John  McKec,  Thomas  "W.  Moore,  Richard  Woods,  A.  Q. 
DuDovaDt. 

Chesterfield — John  A.  Inglis,  Henry  Mclver,  Stephen  Jackson. 

Christ  Church — "W.  Pinckney  Shingler,  Peter  P.  Bonneau^f 

Clarendon — John  P.  Richardson,  J.ohn  J.  Ingram. 

Darlington — Edgar  W.  Charles,  Julius  A.  Dargan,  Isaac  D.  Wilson, 
John  M.  Timmons. 

Edtjrfidd — Francis  Hugh  Wardlaw,  R.  G.  M.  Dunovant,  James 
Parsons  Carroll,  Wni.  Gregg,  Andrew  J.  Hammond,  James  Tompkins, 
James  C.  Smyly. 

Fairfield — John  Hugh  jMeans,  William  Strother  Lyles,  Henry 
Campbell  Davis,  Jno.  Buchanan. 

Greenville — James  C.  Furman,  P.  E.  Duncan,  W.  K.  Easley,"  James 
Harrison,  W.  II.  Campbell. 

Hor^-y—'lhos.  W.  Boaty,  Wm.  J.  Ellis. 

Kershaw — T.  J,  Withers,  James  Chesnut,  Jr. 

Lancaster — R.  L.  Crawford,  W.  C  Cauthen,  D.  P.  Robinson. 

Laurens — H.  C.  Young,  H.  W.  Garlington,  John  D.  Williams,  W. 
D.  Watts,  Thos.  Wier. 

Lexington — H.  I.  Caughman,  John    C.   Geiger,  Paul    Quattlebaum. 

Marion — W.  B.  Roweil,  Chesley  D.  Evans,  Wm.  W.  Harllee,  A. 
W.  Bethea. 

Marlboro' — E.  W.  Goodwin,  William  D.  Johnson,  Alex.   McLeod. 

Newberry — John  P.  Kinard,  Robert  Moorman,  Joseph  Caldwell, 
Simeon   Fair. 

Orange — Thomas  Worth  Glover,  Lawrence  M.  Keitt,  Donald  Rowe 
Barton. 

Pickens — Wm.  Hunter,  Andrew  F.  Lewis,  Robt.  A.  Thompson, 
William  S.  Grisham,  John  Maxwell. 

Frince  William's — Jno.  E.  Frampton,  W.  Ferguson  Hutson. 

Richland — W.  F.  DeSaussure,  William  Hopkins,  James  H.  Adams, 
Maxcy  Gregg,  John  H.  Kinsler. 

Si.  Andrew's — Ephraim  M.  Clark,  Alex.  H.  Brown. 

Sl  Bartholomew' s — E.  St.  P.  Bellinger,  Merrick  E.  Carn,  E.  R. 
Henderson,  Peter  Stokes. 

St.  George's,  Dorchester — Daniel  Tlud,  David  C.  Appleby- 

St.  Helena — R.  W.  Barnwell,  Jos.  Daniel  Pope. 

St.  James' ,  Goose  Creek — John  M.  Shingler,  C.  P.  Brown. 

St.  James' ,  Santee — Daniel  DuPrc,  A.  Mazyck.  • 

St.  John's,  Berh-dey — William  Cain,  P.  G.  Snowden. 


MONDAY,  DECEMBER  17,  1860.  7 

St.  John's,  Colleton— Geo.  W.  Seabrook,  Sr.,  John  Jenkins. 

St.  LuJce's—K.  J.  Davant,  E.  M.  Seabrook. 

St.  MattJiew's — John  J.  AVannamaker.     ■ 

^i!.  Paul's — Elias  B.  Scott,  Joseph  E.  Jenkins. 

St.  Petei-'s — Laugdon  Chevcs,  George  Rhodes. 

St.  Philip's  and  St.  MichacVs—X.  Qc.  Magrath,  Wm.  ■  Porcher 
Miles,  John  Townsend;  Robert  N.  GouHin,  H.  W.  Conner,  Theodore 
D.  Wagner,  R.  Barnwell  Rhett,  C  G.  Memininger,  Gabriel  Manigault, 
John  Julius  Pringle  Smith,  Isaac  W.  Hajne,  Jno.  H.  Honour,  Rich'd 
DeTreville,  Thos.  M.  Hanckel,  A.  W.  Burnet,  Thas.  Y.  Simons,  L. 
W.  Spratt,  Williams  Middleton,  F.  D.  Richardson,  B.  H.  Rutledge, 
Edward  McCrady,  Francis  J.  Porcher. 

St.  Stephen's— 1.  L.  Gcurdin,  John  S.  Palmer. 

St.  Thomas'  and  St.  Z>e»nts'— John  L.  Nowell,  John  S.  O'Hear. 

Spartanhtirg-Sohn  G.  Landrum,  B.  B.  Foster,  Benjamin  F.  Kil- 
gore,-J.  H.  Carlisle,  Simpson  Bobo,  Wm.  Curtis. 

Sumter— B..  D.  Green,  Matthew  P.  Mayes,  Thomas  Reese^English, 
Sr.,  Albertus  Chambers  Spain. 

Union— 3.  M.  Gadbcrry,  J.  S.  Sims,  Wm.  H.  Gist,  James  JefFeries. 

Williamshurg—A.\ii\-iony  W.  Dozier,  John  G.  Pressley,  R.  C.  Logan. 
-Winyaic — Francis  S.  Parker,  Benjamin  Faneuil  Dunkin,  Samuel 
Taylor  Atkinson,  Alex.  M.  Forster. 

yor/i— William  Blackburn  Wilson,  Robert  T.  Allison,  Samuel 
Rainey,  A.  Baxter  Springs,  A.  I.  Barron. 

On  motion  of  Mr.  Quattlebaum,  of  Lexington,  the  Convention  pro- 
ceeded to  ballot  for  permanent  President,  with  the  following  result:     • 

FIRST   BALLOT. 

Whole  number  of  votes  east l*^! 

Necessary  to  a  choice *^ 

Mr.  W.  H.  Gist .'. received  27  votes. 

J.  L.  Orr "  22  " 

J.  Chesnut,  Jr '<  22  " 

R.  W.  Barnwell "  1*  " 

D.  F.  Jamison '*  1^ 

D.  L.  Wardlaw "  15  " 

J.  P.  Carroll "  6  "     . 

J.  C.  Furman "  ^»  " 

R.B.  Rhett "  5  " 


JOURNAL  OF  THE  CONVENTION, 

Mr.  B.  F.  Dunkin received  4  votes. 

J.  H.  Adams "         3  " 

J.  A.  Inglis.. "         3  « 

J.  r.  Piichardson "         " 

J).  J.  Jamison -•- 

-W.  F.  DeSaussure "         1  " 

'  J.  H^Means.' :/... -'-       *'         1^    " 

Blank 1  " 

SECOND   BALLOT. 

• 

Whole  number  of  votes  cast 152 

Necessary  to  a  choice 77 

Mr.  W.  H.  Gist received  38  votes. 

J.L.  Orr "       31     " 

D.F.Jamison "       27     " 

J.  Chesnut,  Jr ''       27." 

D.  L.  Wardlaw "       13     " 

*R.  W.  Barnwell "    .    12     " 

J.  P.  Carroll "         I     " 

B.  F.  Dunkin  "         1     " 

D.J.Jamison "  1     " 

J.P.Richardson "■      1     " 

THIRD   BALLOT. 

Whole  number  of  votescast 150 

Necessary  to  a  choice 76 

Mr.  D.   F.   Jamison received  64  votes. 

J.  L.  Orr. "       32     " 

W.  H.  Gist "       28     " 

J.  Chesnut,  Jr "       17     " 

R.  W.  Barnwell "         6     " 

D.    L.    Wardlaw "         2     " 

D.J.Jamison "         1     '' 

FOURTH    BALLOT. 

.Whole  number  of  votes  cast 151 

Necessary  to  a  choice 76 

Mr.  D.  F.  Jamison received  118  votes. 

J.  L.  Orr "         30     '' 

J.  Cbesaut,  Jr "  3     "       ' 


MONDxVY,  DECEMBER  17,  iSCO.  "  '9 

« 

Mr.  J.  Izard  Middleton,  of  All  Saints,  was  called  temporarily  to  the 
chair,  and  announced  that  Mr.  D.  F.  Jamison,  having  received  a 
majority  of  the  votes  cast,  was  duly  elected  permanent  President  of  tlie 
Convention. 

Ou  motion  of  Mr.  Burnet,  of  St.  Philip's  and  St.  Michael's,  it  was 

Resolved,  That  a  Committee  of  three  be  appointed  to  conduct  the 
President  elect  to  the  chair. 

The  following  gentlemen  were  appointed  :  Messrs.  A.  W.  Burnet, 
Thomas  Thomson  and  W.  Porchor  Miles. 

The  President  elect,  ou  taking  the  chair,  addressed  the  Couvcntion 
as  follows : 

Gentlemen  of  the  Convention: 

When  I  say  that  I  have  no  words  to  express  the  gratification  which 
your  confidence  has  afforded  me,  I  only  say  precisely  what  I  mean. 
There  is  no  honor  I  esteem  more  highly  than  to  sign  the  Ordinance  of 
Secession,  as  a  member  of  this  body ;  but  I  will  regard  it  as  the  greatest 
honor  of  my  life  to  sign  it  as  your  presiding  officer.  We  have  entered 
on  a  great  work,  and  God,  who  holds  in  His  hands  the  destinies  of 
nations,  only  knows  what  may  be  the  result.  That  it  may  lead  to  the 
honor  and  glory  of  South  Carojina  is  my  most  fervent  prayer.  May 
God  aid  our  State  !  I  am  too  little  accustomed  to  the  duties  of  presid- 
ing over  a  body  like  this,  not  to  feel  my  want  of  qualification  for  the 
position  you  have  assigned  me ;  and  I  have  been  so  long  withdrawn 
from  deliberative  bodies,  that  I  must  ask  your  indulgence  for  the  errors 
1  may  commit.  I  stated  in  commencing  that  I  was  so  overcome  by 
your  confidence  that  I  had  nothing  to  say.  All  I  can  do  would  be  to 
express  but  imperfectly  the  emotions  that  agitate  my  bosom. 

On  motion  of  Mr.  Quattlebaum,  of  Lexington,  it  was 

Resolved,  That  the  rules  adopted  by  the  Convention  of  South  Caro- 
lina in  April,  1852,  be  adopted  by  this  Convention  for  the  government 
of  the  same. 

On  motion  of  Mr.  Lyles,  of  Fairfield,  it  was' 

Resolved,  That  the  President  of  the  Conv,eution  be  authorized  to  ap- 
point a  Clerk,  a  Messenger,  and  a  Door  Keeper  for  the  Convention. 


10*  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  Adams,  of  Richland,  it  was 

Resolved,  That  the  Hon.  John*  A.  Elnioro,  Commissioner  to  this 
Convention  from  the  State  of  Alabama,  and  the  lion.  Charles  E. 
Hooter,  Commissioner  from  the  State  of  Mississippi,  be  invited  to  take 
seats  on  the  floor  of  the  Convention. 

Reaolccd,  That  a  Committee  of  three  be  appointed  by  the  Chair  to 
wait  on  the  Hon.  Messrs.  Elmore  and  Hooker,  and  invite  them  to  ad- 
dress the  Convention,  in  the  Hall,  this  evening,  at  seven  o'clock. 

The  Chair  appointed  Messrs.  J.  H.  Adams,  I.  W.  Hayne  and  A.  W. 
Burnet,  said  Committee. 

On  motion  of  Mr.  Keitt,  of  Orange,  it  was 

Resolved,  That  a  Committee  of  three  be  appointed  to  wait  on  the 
Hon.  Howell  Cobb,  of  Georgia,  and  invite  him  to  a  seat  on  the  floor  of 
the  Convention, 

The  Chair  appointed  Messrs.  L.   M.    Koitt,   J.  L.  Orr  and  W.    P. 
Miles,  said  Committee. 
'Mr.  Inglis,  of  Chesterfield,  offering  the  following  resolutions  : 

Resolved,  That  when  this  Convention  adjourns,  it  stand  adjourned 
to  meet  in  the  City  of  Charleston,  on  Tuesday,  the  18th  inst.,  at  four 
o'clock. 

Resolved,  That  the  Delegates  from  St.  Philip's  and  St.  Michael's  be 
requested  to  procure  a  suitable  building  for  the  said  meeting,  and  be 
requested  to  report  to  the  President  of  this  Convention  as  to  the  same. 

Mr.  Mazyck,  of  St.  James',  Santee,  moved  to  lay  the  reeolutions  on 
Uie.t^ble^.  ._Ayes  68,  nays  87. 

Mr.  DeSaussure,  of  Richland,  mOved  to  amend  the  resolutions  by 
striking  out  "Tuesday,  the  18th,"  and  inserting  "Wednesday,  the 
19th." 

On  motion  of  Mr.  Smith,  of  St.  Philip's  and  St.  Michael's,  the 
amendment  was  laid  on  the  la,bje. 

The  original  resolutions  were  then  agreed  to.  * 

On  motion   of  Mr.  Wannansaker,  of  St.   Matthew's,   it  was  ordered 

that 

« 

Whereas,  At  the  election  held  in  St.  Matthew's  Parish,  for  Dele- 
gates to  the  Convention,  to  convene  on  this  day,  buk  one  candidate  re- 


MONDAY,  DECEMBER  17,  18G0.  11 

ceived  a  majority  of  ..votes  cast.  The  next  two  receiving  tlie  same 
numbers,  there  was,  consequently,  but  one  elected.  The  Parish  being 
entitled  to  t^^o,  is  but  in  part  represented  ;  therefore, 

Resolved,  That  the  President  of  the  Conveution  do  issue  a  writ  of 
electioB,  to  be  held  on  IMouday,  the  24th  instant,  in  all  respects  as  the 
former,  to  fill  said  vacancy. 

On  motion  of  Mr.  Maxcy  Gregg,  of  Piichland,  the  Cpnvention  took 
a  recess  until  seven  o'clock,  P.  M. 

THOxMAS  Y.  SIMONS, 

Temporary  Secretari/. 


RECESS. 

The  President  resumed  the  chair.  • 

The  President  announced  the  following  gentlemen  as  officers  of  the 
Convention,  viz:  B.  F.  Arthur,  Clerk;  C.  0.  LaMotte,  Messenger; 
and  Samuel  J.  Nettles,  Doorkeeper. 

Mr.  Adams,  from  the  Committee  .  appointed  to  wait  upon  the  Com- 
missioners from  the  State  of  Alabama,  and  from  the  State  of  Mississippi, 
introduced  to  the  Convention,  Hon.  John  A.  Elmore,  Commissioner 
from  the  State  of  Alabama,  and  lion.  Charles"  E.  Hooker,  Commissioner 
from  the  State  of  Mississippi,  who  respectively  addressed  the  Conven- 
tion. 

Mr.  J,  B.  Kershaw,  Delegate  from  Kershaw,  appeared  at  the  Clerk's 
desk,  produced  his  credentials,  signed  the  roll,  and  took  his  seat. 

Mr.  Inglis  offered  the  following  resolutions  : 

Resolved,  That  it  is  the  opinion  of  this  Convention  that  the  State  of 
South  Carolina  should  forthwii-h  secede  from  the  Federal  Union,  known 
as  the  United  States  of  America. 

Resolved,  That  a  Committee  of members  be  appoiuted  to  drafts 

an  Ordinance,  proper  to  be  adopted  b}'  this  Convention,  in  order  to  ac- 
complish this  purpose  of  secession  ;  and  that  individual  members  desir- 
ing to  submit  for  the  consideration  of  the  Convention,  any  draft  or 
scheme  of  such  Ordinance,  be  requested  to  hand  the  same,  without  de- 
lay, to  the  said  Committee. 

Resolved,  That  the  Act  of  the  General  Assembly  of  this  State,  pro- 
viding for  the  assembling  of  this  Convention,  be  referred  to  the  same 
Committee,  witlt  instructions  to  consider  and  report  thereon. 


12 


JOURNAL  OF  THE  CONVENTION, 


The  qacslion  boinp  put,  will  the  ConTention  agree  to  the  first  reso- 
lution ?  it  passed  in  the  affirmative  : 

Yeas,  159  ;  nays,  none. 
The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are 


jMessrs.  Adanisj 
Allison, 
Appleby, 
Atkinson, 
Barnwell, 
Barrou, 
Barton, 
Beaty, 
Bellinger, 
Bethcu, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A. 
Brown,  C. 
Buchanan, 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Carroll, 
Caughuiau, 

•  Cauthen, 

Charles, 
Chesnut, 
>Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargau, 


Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Davant, 
Davis, 
DeSaussure, 
DeTreville, 
Dozier, 
Duncan, 
Duukin, 
,  Dunovant,  A.  Q. 

Dunovant,  11.  G.  M. 
DuPre, 
Easley, 
Ellis,    • 
English, 
II.  Evans, 

P.  Fair, 

Finley, 

Flud, 

Forstcr, 

Foster, 

Frampton, 

Furman, 

Gadbcrry, 

Garlington, 

Geiger, 

Gist, . 

Glover, 

Goodwin, 

Gourdin,  R..  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Gregg,   "William 

Grisham, 

llauimond, 


MONDAY,  DECEMBER  17,  1800. 


13 


Messrs.  ITarllee, 

Messrs.  Moorman, 

Harrison, 

Noble, 

Hayne, 

Newell, 

Henderson, 

O'Hear, 

Honour, 

Orr, 

Plopkiiis, 

T*almer, 

Hunter, 

Parker, 

Hutson, 

l^errin, 

Inglis, 

Pope, 

Ingram, 

Porch  er. 

Jacksou, 

I^ressley, 

Jefferies, 

Quattlebaum, 

Jenkins,  John 

Rainey, 

Jenkins,  J.   E. 

Reed, 

Johnson, 

Rhett, 

Keitt,                -        , 

Rhodes, 

Kershaw, 

Richardson,  F.  D. 

Kilgore, 

Richardson,  J.   P. 

Kinard, 

Rowell, 

Kiusler, 

Scott, 

Landrum, 

fiaabrook,  E.  M. 

Lawton, 

Seabrook,  G.  W.,  Sr. 

Lewis, 

Session?, 

Logan, 

Shiugler,  J.   M. 

Lyles,                     , 

Sliingler,   W.   P. 

McCrady, 

Simons, 

Mclver, 

Simpson, 

McKee, 

Sims, 

McLeod, 

Smith, 

Magrath, 

Smyly, 

Manigault, 

Snowdcn, 

Mauldin, 

Spain, 

Maxwell, 

Spratt, 

Mayes, 

Springs, 

Mazyck, 

Stokes, 

Means, 

Thompson,  R.  A. 

Middleton,  John  Izard 

Thomson,  Thomas 

Middleton,  Williams 

Timmons, 

Miles, 

Tompkins, 

*   Moore, 

Townsend. 

14        JOURNAL  OF  THE  CONVENTION, 

Messrs.  Wagner,  Messrs.  Williams, 

Wannaniaker,  Wilson,  I.  D. 

Wardlaw,  D.  L.  Wilson,  J.  IT. 

Wardlaw,  F.  11.  Wilson,  W.   B. 

Whitncr,  Withers, 

Wier,  Woods. 

The  Ct  nvention  proceeded  to  the  consideration  of  the  second  resolu- 
tion. 

Mr.  Khett  luoved  to  amend  the  second  resolution  by  adding  the 
words,  "  all  the  mutters  appertaining  to  the  business  of  the  Convention." 

On  ui'ction  of  Mr.  Ilutson,  the  aniendiiicnt  was  ordered  to  lie  on  the 
table. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  blank  was  filled  with  the 
number  seven  ;  and  the  resolution  was  :: greed  to. 

3Ir.  Inglif<  withdrew  the  third  resolution. 

On  motion  of  Mr.  Orr,  the  Hon.  Henry  Dickinson,  Commissioner 
from  the  State  of  Mississippi  to  the  State  of  Delaware,  was  invited  to  a 
seat  on  the  floor  of  the  Convention. 

On  motion  of  Mr.  Manigault,  it  was    . 

Resolved,  That  it  is  tliff  earnest  desire  of  this  Convention  that  the 
Commissioners  from  the  States  of  Alabama  and  Mississippi  accompany 
the  Convention  to  Charleston. 

On  motion  of  Mr,  Pope,  it  was 

Resoheil,  That  the  thanks  of  this  Convention  be  returned  to  the 
Baptist  Congregation,  of  Columbia,  for  the  use  of  their  building. 

On  motion  of  Mr.  Keitt,  it  was 

Resolved,  That  a  message  be  sent  to  the  Committee  of  Arrangements 
of  the  Legislature,  returning  the  thanks  of  the  Convention  for  their 
invitation  to  attend  the  inauguration  of  the  Governor,  and  'explaining 
why  this  Convention  could  not  attend. 

The  President  presented  the  credentials  of  Hon.  John  A.  Elmore, 
Commissioner  from  the  State  of  Alabama,  and  tlic  credentials  of  Hon. 
Charles  E.  Hooker,  Commissioner  from  the  State  of  Mississippi,  which 
were  ordered  to  be  Hied,  and  entered  on  the  journal. 

On  motion,  the  Convention  was  adjourned  at  ten  o'clock,  P.  M. 

B.  F.  ARTHUR,  , 
Clerk  of  the   Convention. 


MOl^DAY,.  DECEMBER  17,  1860.  15 


STATE  OF  MISSISSIPPI. 

John  J.  Pettus,  Governor  of  the  State  of  Muxissippi, 
To  Bis  BxceUeiin/,  the  Governor  of  the  State  of  South  Carolina, 
Greeting  : 
Be  it  Known^  That,  leposiiDg  special  trust  and  confidence  in  the 
ability,  integrity  and  fitness  of  Hon.  C.  E.  Hooker,  I  have,  in  compli- 
ance with  a  resolution  passed  by  the  Legislature  of  this  State,  on  the 
oOth  day  of  November,  A.  D.  1860,  appointed,  and  by  these  presents 
do  appoint  him  a  Coniniissioner  from  Mississippi,  to  proceed  to  the 
Capital  of  South  Carolina,  to  inform  the  people  of  that  Commonwealth, 
through  their  Executive,  that  the  Legislature  of  this  State  has  passed 
an  Act  calling  a  Convention  of  the  People  of  the  State,  to  consider  the 
present  threatening  relations  of  the  Northern  and  Southern  sections  of 
the  United  States — aggravated  by  the  recent  election  of  a  President 
upon  principles  of  hostility  to  the  States  of  the  South,  and  to  express 
the  earnest  hope  of  Mississippi  that  South  Carolina  will  cooperate  with 
her  in  the  adoption  of  efficient  measures  for  the  common  defence  and 
safety  of  the  South.  •  • 

Given  under  my  hand,  and   the  Great   Seal  of  the  State   hereunto  af- 
fixed, at  the  City  of  Jackson,  this  5th  day  of  December,  A.  D.  1860. 
By  the  Governor, 

[L.  s.]  JOHN  J.  PETTUS. 

C.  A.  Brougiier,  Secretanj  of  State. 


MONDAY,  DECEMBER  17,  1860.  17 

STATE  OF  ALABAMA. 

Executive  Department, 
Montgomery,  Ala.,  Dec.  8,  1860. 

Whereas,"  the  election  of  Abraham  Lincoln,  a  Black  Republican,  to 
the  Presidency  of  the  United  States,  by  a  purely  sectional  vote,  and  by 
a  party  whose  leading  and  publicly  avowed  object  is  the  destruction  of 
the  institution  of  Slavery,  as  it  exists  in  the  slaveholding  States  :  And 
whereas,  the  success  of  said  party,  and  the  power  which  it  now  has, 
and  soon  will  acquire,  greatly  endanger  the  peace,  interests,  security 
and  honor  of  the  slaveholding  States,  and  make  it  necessary  that 
prompt  and  efficient  measures  should  be  adopted  to  avoid  the  evils 
which  must  result  from  a  Republican  administration  of  the  Federal 
Government  5  and,  as  the  interests  and  destiny  of  the  slaveholding 
States  are  the  same,  they  must  naturally  sympathize  with  each  other  j 
they,  therefgre,  so  far  as  it  may  be  practicable,  should  consult  and 
advise  together  as  to  what  is  best  to  be  done  to  protect  their  mutual 
interests  and  honor : 

Now,  therefore,  in  consideration  of  the  premises,  I,  Andrew  B. 
Moore,  Governor  of  the  State  of  Alabama,  by  virtue  of  the  general 
powers  in  me  vested,  do  hereby  constil4ite  and  appoint  Col.  John  A. 
Elmore,  a  citizen  of  said  State,  a  Commissioner  to  the  sovereign  State 
of  South  Carolina,  to  consult  and  advise  with  his  ExcellencyGovernor 
"W.  H.  Gist,  and  the  members  of  the  Convention  to  be  assembled  in 
said  State  on  the  17th  day  of  December,  instant,  as  to  what  is  best  to 
be  done  to  protect  the  rights,  interests  and  honor  of  the  slaveholding 
States,  and  to  report  the  result  of  such  consultation  in  time  to  enable 
ine  to  communicate  the  same  to  the  Conirention  of  the  State  of 
Alabama,  to  be  held  on  Monday,  the  7th  day  of  January  next. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused  the 
Great  Seal  of  the  State  to  be  affixed,  in  the  City  of  Montgomery,' 
this  8th  day  of  December,  A.  D.  1860. 
[L.  s]  A.  B.  MOORE. 


TUESDAY,  DECEMBP:R  18,  1S60. 


19 


TUESDAY,  DECEMBER  18,  1S60. 

Pursuant  to  adjournment,  tlie  Convention  assembled  at  Institute 
Hall,  in  the  t]ity  of  Charleston,  at  four  o'clock,  P.  M.  The  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethca, 
Bobo, 
Bonneau, 
Brabham, 
l^own,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Cam, 
Carroll, 
Cauthen, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davant, 
Davis, 
DcTrcvillc, 


Messrs.  Dozier, 
Duncan, 
Dunkin, 

Dunovant,  A..Q. 
DuPre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Finley, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Glover, 

Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
Grisham, 
Hammond, 
Harllce, 
Harrison, 
Hayne, 
Honour, 
Hunter, 
Uutson, 


20 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  luglis, 
Jacksou, 
Jcflferies, 
Jenkins,  John 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
.     Kinsler, 
Landruni, 
Luwton, 
Lewis, 
Logan, 
Lyles, 
McCrady, 
Mclver, 
McKee, 
Magratli, 
Mauldin, 
Maxwell, 
31  ayes, 
Mazyck, 
3Ieans, 
Meiuminger, 
Middleton,  John  Izard 
Middleton,  Williams. 
Moore, 
Moorman, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 
Parker, 
Perrin, 
Porcher, 
Pressley, 
Quattlebaura, 


Messrs.  Hainey, 
lieed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Robertson, 
Rowell, 
Scott, 

Seabrook,  E.  M. 
Sessions, 
Shingler,  W.  P. 
Simons, 
•  Simpson, 
Sims, 
Smith, 
Smyly, 
Snowden, 
Spain, 
Spratt, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Wagner, 
W^annamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams,' 
Wilson,  J.  II. 
Wilson,  W.  B. 
Withers, 
Woods, 
You  n  Of. 


The  journal  of  yesterday's  proceedings  was  read. 

Mr.  John  L   Manning,  a  Delegate  from  Clarendon,  appeared  at  the 


TUESDAY,  DECEMBER  18,  1860.  21 

Clerk's  desk,  produced  his  credentials,  eorolled  his  name,  and  took  his 

seat. 

Messrs.  Cam,  Memminger,  Young  and  Watts  asked  to  give  the  vote 
they  would  have  given,  if  present,  on  a  resolution  adopted  yesterday, 
declaring  it  to  be  the  sense  of  this  Convention,  that  the  State  of  South 
Carolina°should  forthwith  secede  from  the  Federal  Union;  and  those 
gentlemen  being  called,  respectively  answered,  "aye." 

On  motion  of  Mr.  Rhett,  it  was 

Resolved,  That   a  Committee   consisting  of members  be   ap- 
pointed to  prepare  an  address  to  the  people  of  the  Southern  States. 

On  motion,  the  blank  was  filled  with  the  number  seven. 
Whereupon,  the  President  appointed  the  following  gentlemen,  of  the 
Committee  : 

Messrs.  R.  B.  Rhett, 

John  A.  Calhoun, 
W.  P.  Finley, 
I.  D.  Wilson, 
W.  F.  DeSaussure, 
Langdou  Cheves, 
M.  E.  Carn. 

On  motion  of  Mr.  Orr,  it  was 

Resolved,  That  the  Charleston  Delegation  be  Requested  to  inquire 
into  and  report  upon  the  expediency  of  procuring  another  Hall  for  the 
use  of  this  Convention,  and  that  they  publish  their  decision  to-morrow 
in  the  newspapers  of  the  city. 

Mr.  Hutson  offered  the  following  resolution  : 

Resolved,  That  the  President  do  appoint  four  standing  Committees 
for  this  Convention,  each  consisting  of  seven,  as  follows  : 

1.  A  Committee  on  Relations  with  the  Slaveholding  States  of  North 
America. 

2.  A  Committee  on  Foreign  Relations. 

3.  A  Committee  on  Commercial  Relations. 

4.  A  Committee  on  the  Constitution  of  the  State 

On  motion  of  Mr.  F.  D.  Richardson,  the  resolution  was  made  the 


22        JOUENAL  OF  THE  CONVENTION, 

special  order  of  the  day  for  to-morrow,  at  one  o'clock,  P.  M.,  and  was 
ordered  to  be  printed. 

On  moiion  of  Mr.  Quattlebaum,  it  was 

Resolvtd,  Tl^at  a  Committee  of  tliree  be  appointed  to  receive  propo- 
sals for  printing  the  proceedings  of  this  Convention,  and  that  they  re- 
port thereon  as  soon  as  practicable. 

Whereupon  the  President  appointed  the  following  gentlemen,  of  the 
Committee : 

Messrs.  Paul  Quattlebaum, 
T.  Y.  Simons,  Jr., 
J.  H.  Kinsler. 

Mr.  IMagrath  offered  the  following  resolution  : 

Resolved,  That  so  much  of  the  Message  of  the  President  of  the  Uni- 
ted States  as  relates  to  what  he  designates  "the  property  of  the.United 

States  in  South  Carolina,"    be  referred   to   a  Committee  of  to 

report  of  what  such  property  consists,  how  acquired,  and  whether  the 
purpose  for  which  it  was  so  acquired  can  be  enjoyed  by  the  United 
States  after  the  State  of  South  Carolina  shall  have  seceded,  consistently 
with  the  dignity  and  safety  of  the  State;  and  that  the  said  Committee 
further  report  the  value  of  the  property  of  the  United  States  not  iu' 
South  Carolina;  and  the  value  of  the  share  thereof  to  which  South 
Carolina  would  be  entitled  upon  an  equitable  division  thereof  among 
the  United  States. 

On  motion  of  Mr.  Orr,  the  resolution  was  made  the  special  order  of 
the  day  for  to-morrow,  at  one  o'clock,  P.  M.,  and  was  ordered  to  be 
printed." 

Mr.  DeTreville  offered  the  following  resolution  : 

Resolved,  That  it  is  expedient  that  a  Couficil,  to  consist  of  five  citi- 
zens of  the  State,  to  act  with  the  Governor  of  the  State  as  his  coun- 
sellors and  advisers,  and  to  be  called  a  Council  of  Safety,  should  be 
forthwith  appointed;  and  that  it  be  referred  to  a  Committee  of  this 
Convention  to  report  thereon,  by  Ordiuaace  or  otherwise. 

On  motion  of  Mr.  Orr,  the  resolution  was  made  the  special  order  of 


TUESDAY,  DECEMBER  18,  1860.  23 

the  day  for  to-ruorrow,  at  one  o'clock,  P.    M.,  and  was   ordered   to  be 
printed. 

Mr.  J.  T.  Middleton  offered  the  following  resolution  : 

Reaolved,  That  the  President  be  authorized  to  appoint  ah  Assistant 
Clerk. 

Mr.  Means  moved  to  amend  the  resolution  bv  adding:  the  word.s  : 
".whenever  it  shall  become  necessary." 

The  amendment  was  accepted  by  the  mover  of  the  resolution, 

When,  on  motion  of  3Ir.  Kecd,  the  resolution,  as  amended,  was 
ordered  to  lie  on  the  table. 

The  President  stated  that  since  the  adjournment  of  the  Convention 
at  Columbia,  he  had  received  a  communication  from  the  State  of  Geor- 
gia, with  a  request  to  present  it»t6  the  Convention. 

On  motion  of  Mr.  Withers,  it  was  ordered  that  the  communicatioa 
be  laid  on  the  table. 

The  President  announced  the  following  gentlemen  as  the  Committee 
appointed  under  a  resolution  offered  by  the  member  from  Chesterfield 
(Mr.  Inglis),  to  draft  an  Ordinance  proper  to  be  adopted  by  the  Con- 
vention, viz  t 

Messrs.  John  A.  Inglis, 
R.  ]].  Khett, 
James  Chesnut,  Jr., 
James  L.  Orr, 
Maxcy  Gregg, 
B.  F.  Dunkin, 
W.  F.  Hutson. 

On  motion  of  Mr.  Siruons,  it  was 

Resolved,  That  when  this  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Silicons,  the  Convention  was  adjourned  at  four 
minutes  past  five  o'clock,  P.  M. 

B.  F.  AllTUUR, 

Glerk  of  the  Convention. 


24 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  DECEMBER  19,  1860. 

Pursuant  to  the  action  of  the  Committee,  appointed  to  make  arrange- 
ments for  providing  another  Hall  for  the  use  of  the  Convention,  the 
Convention* assembled  at  St.  Andrew's  Hall ;  the  President  took  the 
chair,  and  the  proceedings  were  opened  with  prayer  by  Rev.  William 
Curtis. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Bcaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brown,  A,  H. 
Brown,  C  P. 
Burnet, 
Buchanan, 
Cain, 
Calhoun, 
Campbell, 
Carlisle, 
Carn, 

Caughmaa^ 
Cauthen, 
Charles, 
Chcvcs, 
Clarke, 
Con»er, 
Crawford;, 
Curtis ;, 


Messrs.  Dargan, 
Davis, 
.        DeSaussure, 
DeTreville, 
Dozier, 
Duncan, 
•        Dunkin, 
DuPre, 
Easley, 
English, 
Evans, 
Finley, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geiger, 
Glover, 
Goodwin, 
Qourdiu,  R.  N. 
Green, 

Gregg,  IMaxcy 
Gregg,  William 
Grishara, 
ilaniniond, 
Hanckel, 


WEDNESDAY,  DECEMBER  19,  1860. 


25 


Messrs.  Harllee, 
Harrison, 
Haync, 
Henderson, 
Honour, 
Hopkins, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jefferics, 
Jenkins,  J,  E. 
Johnson, 
Kilgorc, 
Land  rum. 
Law  ton, 
Logan, 
Lyles, 
Magrath, 
Manigault, 
Mauldin, 
Mayes, 
Mclver, 
McKee, 
McLeod, 
Means, 

Middleton,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Noble, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 
Parker, 
Perrln, 
Pope, 


Messrs.  Porcher, 
Pressley, 
Quattlcbaum, 
Reed, 
Rhodes, 

Richardson,  F.  D. 
Robinson, 
Rutledge, 
Scott, 

Seabrook,  G.  W.,  Sr. 
Sessions, 
Shingler,  J.  M. 
Shingler,  W.  P. 
Simgns, 
Simpson, 
Sims, 
Smith, 
Smyly, 
Snowden, 
Spain, 
Spratt, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Wagner, 
Wannamaker, 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


The  journal  of  yesterday's  proceedings  was  read. 
4 


26        JOURNAL  OF  THE  CONVENTION, 

The  President  laid  before  the  Couveution  the  following  communica- 
tion: 

Post  Office,  Charleston, 

December  19,  18G0. 
T.  Y.  Simons,  Esq. 

Dear  Sir:  I  send  herewith  a  package  containing  letters  for  Dele- 
gates to  the  Convention,  and  I  ask  the  favor  of  you  to  announce  that  it 
will  give  me  great  pleasure  to  have  all  matter  for  membei'S  of  that  bo'Jy 
placed  in  your  hands  at  the  opening  of  the  Convention  on  each  succeed- 
ing day. 

Also,  that  a  clerk  from  this  office  will  be  in  attendance  at  your  desk 
at  half-past  twelve  every  afternoon,  to  receive  such  letters  as  gentlemen 
of  the  Convention,  or  their  guests,  may  wish  to  have  mailed  for  other 
places.  Very  respectfully,  your  fellow-citizen, 

ALFRED  HUGER,  P.  M. 

The  President  laid  before  the  Convention  the  following  communica- 
tion : 

Charleston,  December  19,  1860. 
To  the  Hon.  D.  F.  Jamison,  President  of  the 

Convention  of  the  State  of  South  Carolina  : 
Sir  :  On  the  night  of  the  17th  instant,  after  the  adjournment  of  the 
Convention  at  Columbia,  I  received  from  his  Excellency,  the  Governor 
of  the  State  of  Alabama,  a  despatch,  by  telegraph,  of  that  date,  and 
which  I  herewith  enclose,  and  have  the  honor  to  request  may  be  read 
and  submitted  to  the  Convention  as  directed  by  his  Excellency,  Gov. 
Moore. 

Permit  me  to  assure  the  Convention  that  in  making  this  communica- 
tion, his  Excellency,  Gov.  Moore,  offers  it  in  no  spirit  of  dictation,  but 
as  the  friendly  counsel  and  united  voice  of  the  true  men  of  Alabama, 
for  the  consideration  of  this  Convention,  and  in  the  same  spirit  of  con- 
sultation and  conference  which  impelled  him  to  send  a  Commissioner  to 
this  and  the  other  Southern  States. 

With  sentiments  of  the  highest  respect  for  the  Convention  and  for 
yourself, 

I  am  your  obedient  servant, 

J.  A.  ELMORE. 


WEDNESDAY,  DECEMBER  19,  1860.  27 

The  despatch  referred  to  is  as  follows  : 

Montgomery,  Dec.  17,  1860. 
To  John  A.  Elmore  : 

Tell  the  Convcntioa  to  listen  to  no  propositions  of  compromise  or 
delay. 

A.  B.  MOORE. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  communication  was  referred 

to  the  Commit'tee  on  the  Southern  Address. 
Mr.  Reed  oifercd  the  following  resolutions  : 

1.  Ordered,  That  the  President  appoint  a  Cashier  and  Deputy 
Cashier. 

2.  Ordered,  That  the  Clerk  act  as  Reading  Clerk,  and  also  superin- 
tend such  printing  as  the  Convention  may  order. 

3.  Ordered,  That  the  reporters  for  the  public  journals  be  allowed 
access  to  the  Hall  for  the  purpose  of  reporting. 

4.  Ordered,  That  the  regular  hour  of  meeting  shaH  be  ten  o'clock, 
A.  M.,  subject  to  special  orders  fixing  some  other  time. 

5.  Ordered,  That  there  be  printed,  for  the  use  of  the  Convention, 
an  alphabetical  list  of  the  names  of  the  members,  and  also  a  list  of  the 
names  arranged  according  to  State  Election  Divisions,  with  their  Post 
Offices. 

6.  Ordered,  That  the  journal  of  each  day's  proceedings  be  printed, 
and  laid  on  the  tables  of  members,  before  the  hour  of  meeting. 

Reaohed,  That  the  rules  adopted  for  the  government  of  the  Conven- 
tion, be  published  with  the  journal  of  this  day's  proceedings. 

Mr.  Quattlebaum  moved  to  divide  the  question,  so  as  to  take  the 
vote  on  each  separately. 

Mr.  IngHs  moved  to  amend  the  third  order  by  adding  the  words 
"newspapers  in  this  State." 

Mr.  F.  II.  Wardlaw  moved  to  amend  the  third  order  by  adding  the 
words  "  one  reporter  for  each  newspaper." 

Mr.  Cheves  moved  to  amend  by  requesting  the  President  to  make 
such  arrangements  on  the  subject  as  to  him  might  seem  proper. 

The  consideration  of  the  resolutions  was  suspended,  and 

Mr.  Manning  moved  that  a  bar  be  erected  at  the  head  of  the  siairs, 
and  a  sergeant-at-arms  appointed,  so  that  member.^  might  have  coa- 
venient  access  to  the  Hall. 


28        JOURNAL  OF  THE  CONVENTION, 

After  some  debate,  it  was  ordered  that  the  duty  of  making  arrange- 
ments for  convenient  access  to  the  Hall  be  entrusted  to  the  Charleston 
Delegation. 

On  motion  of  Mr.  Dargan,  the  Convention  resumed  the  consideration 
of  the  resolutions  offered  by  Mr.  Reed. 

Mr.  Dargan  moved  to  strike  out  the  third  resolution,  and  insert  the 
following : 

Ordered,  That  the  President  be  authorized  to  issue  tickets  of  "admis- 
sion to  such  reporters  of  newspapers  as  he  may  deem  proper. 

The  amendment  was  adopted. 

Mr.  Reed  withdrew  the  fourth  order. 

On  motion  of  Mr.  Dargan,  the  sixih  order  was  laid  on  the  table. 

The  resolutions,  as  amended,  were  adopted. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  copimunication  from  a  portion 
of  the  members  of  the  Legislature  of  the  State  of  Georgia  was  taken  up 
from  the  table,  and  was  referred  to  the  Committee  on  the  Southern 
Address. 

Mr.  Cauthen  stated  that  his  colleague,  Mr.  D.  P.  Robinson,  was 
absent  from  indisposition,  when  the  vote  was  taken  on  the  resolution 
declaring  it  to  be  the  sense  of  the  Convention  that  the  Sta,te  of  South 
Carolina  should  forthwith  secede  from  the  Federal  Union,  and  asked 
that  he  might  now  be  permitted  to  record  the  vote  he  would  have  given 
if  present. 

Whereupon,  Mr.  Robinson  being  called,  answered  "aye." 

Messrs.  B.  H.  Rutledge,  John  L.  Manning,  L.  M.  Ayer,  T.  M. 
Hanckel  and  H.  D.  Green,  asked  to  record  the  vote  they  would  have 
given,  if  present,  on  the  same  resolution ;  and  these  gentlemen  being 
called,  respectively  answered  "  aye." 

Mr.  Quattlebaum,  from  the  Committee  on  Printing,  made  the  follow- 
ing report,  which  was  considered  immediately,  and  was  agreed  to : 

The  Committee  appointed  to  receive  proposals  for  printing  for  the 
Convention  of  South  Carolina,  have  to  report : 

That  they  have  received  an  offer  from  Messrs.  Evans  &  Cogswell,  to 
do  "  all  the  work  to  be  done,  in  style  and  quality  fully  equal  to  that 
done  for  the  State  by  the  Printer  in  Columbia,  at  the  same  propor- 
tionate rates  of  compensation  as  is  paid  to  the  Printer  to  the  State 
Senate." 

The  Committee  believing  Messrs.  Evans  &  Cogswell  to  be  reliable, 


WEDNESDAY,  DECEMBER  19,  1860.  29 

and  that  tliey  will  do  the  work  as  stated,  recommend  the  adoption  of 
the  following  resolutions  : 

Resolved,  That  Messrs.  Evans  &  Cogswell  be  appointed  Printers  to 
this  Convention  while  it  holds  its  sittings  in  Charleston.   • 

Resolved,  That  the  Committee  appointed  to  receive  proposals  for 
Printing,  be  continued  as  a  Standing  Committee,  and  that  one  of  its 
duties  be  to  supervise  the  printing  of  this  Convention. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the  following 
resolutions,  which  had  been  made  the  special  order  of  the  day  for  this 
day,  at  one  o'clock,  P.  M. : 

Resolved,  That  the  President  do  appoint  four  Standing  Committees 
for  this  Convention,  each  consisting  of  seven,  as  follows  : 

1.  A  Committee  on  Relations  with  the  Slaveholding  States  of  North 
America. 

2.  A  Committee  on  Foreign  Relations. 

3.  A  Committee  on  Commercial  Relations. 

4.  A  Committee  on  the  Constitution  of  the  State. 

Mr.  Smith  moved  to  amend  the  third  clause  of  the  resolution  by 
adding  the  words  "and  Postal  Arrangements;"  which  amendment  was 
accepted  by  the  mover  of  the  resolution. 

Mr.  Mazyck  moved  to  strike  out  the  number  seven,  and  insert 
thirteen;  which  amendment  was  also  accepted  by  the  mover  of  the 
resolution. 

Mr.  W.  B.  Wilson  moved  to  add  an  additional  section,  providing  for 
a  separate  Committee  on  Postal  Arrangements. 

Mr.  Maxcy  Gregg  moved  to  amend  the  second  clause  of  the  resolu- 
tion by  adding  the  words  "  with  other  States."  Mr.  Gregg  withdrew 
his  amendment. 

On  motion  of  Mr.  Calhoun,  the  question  was  divided;  and  the  reso- 
lutions were  finally  adopted  in  the  following  form  : 

Resolved,  That  the  President  do  appoint  four  Standing  Committees 
for  this  Convention,  each  consisting  of  thirteen,  as  follows  : 

1.  A  Committee  on  Relations  with  the  Slaveholding  States  of  North 
America. 

2.  A  Committee  on  Foreign  Relations. 


30       JOURNAL  OF  THE  CONVENTION, 

3.  A  Committee  on  Commercial  Relations  and  Postal  Amingements. 

4.  A  Committee  on  the  Constitution  of  this  State. 

SPECIAL   ORDER. 

The  Convention  proceeded  to  the  consideration  of  the  following  reso- 
lution, which  had  been  made  the  special  order  of  the  day  for  this  day, 
at  one  o'clock,  P.  M.  : 

Resolved,  That  so  much  of  the  Message  of  the  President  of  the 
United  States  as  relates  to  what  he  designates  "the  property  of  the 
United  States    in    South   Carolina,"   be    referred    to  a  Committee   of 

to  report,  of  what  such  property  consists ;  how  acquired  ;  and 

whether  the  purpose  for  which  it  was  so  acquired,  can  be  enjoyed  by 
"the  United  States  after  the  State  of  South  Carolina  shall  have  seceded, 
consistently  with  the  dignity  and  safety  of  the  State.  And  that  said 
Committee  further  report  the  value  of  the  property  of  the  United 
States  not  in  South  Carolina;  and  the  value  of  the  share  thereof  to 
which  South  Carolina  would  be  entitled  upon  an  equitable  division 
thereof  among  the  United  States. 

On  motion  of  Mr.  Harllee,  the  blank  was  filled  with  the  number 
thirteen. 

Mr.  W.  P.  Shingler  moved  to  amend  the  resolution  by  requiring  the 
Committee  to  report  the  debt,  as  well  as  the  property  of  the  United 
States. 

On  motion  of  Mr.  Harllee,  the  amendment  was  ordered  to  lie  on  the 
table. 

The  resolution  was  agreed  to. 

SPECIAL   ORDER. 

The  Convention  proceeded  to  the  consideration  of  the  following  reso- 
lution, which  had  been  made  the  special  order  of  the  day  for  this  day, 
at  one  o'clock,  P.  M.  : 

Re&olved,  That  it  is  expedient  that  a  Council,  to  consist  of  five 
citizens  of  the  State,  to  act  with  the  Governor  of  the  State  as  his  coun- 
sellors and  advisers,  and  to  be  called  a  Council  of  Safety,  shall  be  forth- 
with appointed ;  and  that  it  be  referred  to  a  Committee  of  this  Con- 
vention to  report  thereon,  by  Ordinance  or  otherwise. 


WEDNESDAY,  DECEMBER  19,  1860.  31 

On  motion  of  Mr.  DeTreville,  the  special  ovder  was  discharged,  and 
•was  made  tlio  special  order  of  the  day  for  to-morrow,  at  one  o'clock, 
P.  M. 

Mr.  Memminger  offered  the  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

Resolved,  That  a  Committee,  to  consist  of  seven  members,  be  ap- 
pointed to  draft  a  summary  statement  of  the  causes  which  justify  the 
secession  of  South  Carolina  from  the  Federal  Union. 

Mr.  Dunkin  oiFercd  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  Commercial  Eela- 
tions  and  Postal  Arrangements,  to  inquire  and  report  what  measures  of 
a  temporary  or  permanent  nature,  or  both,  it  may  be  proper  to  adept  in 
reference  to  Custom  House  and  Postal  Arrangements,  in  consequence 
of  the  contemplated  withdrawal  of  South  Carolina  from  the  Union. 

Mr.  Hayne  offered  the  following  resolutions  : 

"Whereas,  the  causes  which  have  produced  the  separation  of  South 
Carolina  from  the  Federal  Union,  have  emanated  from  the  States 
north  of  Mason  and  Dixon's  line,  using  hireling  labor  only;  and, 
whereas,  it  has  not  been  against  the  Constitution  of  the  United  States 
that  South  Carolina  has  opposed  her  sovereignty,  but  the  usurpations 
of  a  government  in  violation  of  this  instrument: 

Resolved,  '1  hat  a  Comn)issioner  be  sent  to  each  of  the  slaveholding 
States,  bearing  a  copy  of  the  Ordinance  of  Secession,  and  proffering  to 
such  States,  or  any  one  or  more  of  them,  the  existing  Constitution  of 
the  United  States  as  the  basis  of  a  Provisional  Government,  to  be 
adopted  on  the  part  of  South  Carolina,  and  any  other  slaveholding 
State  or  States,  which,  after  seceding  from  the  present  Federal  Union, 
shall  be  willing  to  unite  with  South  Carolina  in  the  formation  of  a  new 
Confederacy;  and  we  do  hereby  ratify  and  confirm,  from  the  date  there- 
of, any  action  taken  by  such  Commissioner,  or  Commissioners,  by  and 
with  the  consent  of  the  Governor  of  South  Carolina,  in  the  formation 
of  such  Provisional  Union;  and  we  do  further  earnestly  recommend 

that  in days  after  two  or  more  States,  in  addition   to  South 

Carolina,  shall  have  acceded  to  the  said  Provisional  Union,  an  election 
shall  be  held  for  Senators  and  members  of  the  House  of  Representatives 


32-  JOURNAL  OF  THE- CONVENTION, 

of  tlic  new  Congress,  and  President  and  Vice  President  of  tTie  new 
Confederacy. 

Resolved,  That  tliree  Coramis.-iouersbe  appointed  to  carry  an  authen- 
ticated copy  of  tlie  Ordinance  of  Secession  to  Washington,  to  be  laid 
before  the  President  of  the  United  States,  with  the  request  that  the 
same  shall  be  communicated  to  the  Congress  now  in  session ;  and  said 
Commissioners  are  hereby  authorized  and  empowered  to  treat  for  the 
delivery  of  the  Forts,  iMagazines,  Light  Houses,  and  other  real  estate, 
and  all  appurtenances  thereto,  within  the  geographical  limits  of  South 
Carolina,  the  authority  to  treat  upon  these  subjects  to  be  extended  to 

the  — = day  of  February,  which  shall  be  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  sixty-one;  provided  in  the  meantime,  the 
said  Forts,  Magazines,  and  other  places,  are  allowed  to  remain  in  the 
condition  in  which  they  may  be  at  the  adoption  of  this  Ordinance;  and 
they  shall  be  further  empowered  to  treat  upon  the  subject  of  the  public 
debt,  and  for  a  proper  division  of  all  other  property  than  the  above,  now 
held  by  the  Government  of  the  United  States,  as  agent  of  the  States 
now  embraced  in  said  Confederacy,  until  such  time  as  a  new  Con- 
federacy of  States  shall  be  formed,  of  which  South  Carolina  shall  be 
one. 

On  motion  of  Mr.  Hayne,  the  first  resolution  was  referred  to  the 
Committee  on  Relations  with  the  Slaveholding  States  'of  North 
America,  and  was  ordered  to  be  printed. 

Mr.  Inglis  moved  that  the  second  resolution  be  laid  on  the  table. 

Mr.  Inglis  withdrew  his  motion. 

On  motion  of  Mr,- Hayne,  the  second  resolution  was  referred  to  the 
Committee  on  Foreign  Relations,  and  was  ordered  to  be  printed. 

Mr.  Memmiiiger  offeied  the  following  resolutions  : 

1.  Resolved,  That  a  Commission,  to  consist  of  three  persons,  be 
elected  by  ballot  of  this  Couvcution,  to  proceed  to  Washington,  to  nego- 
tiate wi^  the  United  States,  acting  through  their  Qeneral  Government, 
as  to  the  proper  measures  and  arrangements  to  be  made  or  adopted  in 
the  existing  relations  of  the  parties,  and  for  the  continuance  of  peace 
and  amity  between  them. 

2.  Resolved,  That  five  persons  be  elected  by  this  Convention,  by 
ballot  who  shall  be  authorized  to  meet  such  Deputies  as  may  be  ap- 
pointed by  any  other  slaveholding  State,  for  the  purpose  of  organizing 
or  forming  a  Southern  Confederacy,  with  power  to  discuss  and  settle  a 


WEDNESDAY,  DECEMBER  19,  1860.  33 

Constitution  orplan  of  union,  to  be  reported  to  tlie  said  States  for  their 
ratification,  amendment  or  rejection.  That  the  said  Deputies  shall 
invite  a  ujcoting  at  Columbia,  or  at  such  other  place  as  may  be  agreed 
uppn  among  the  Deputies  of  the  several  States,  and  shall  report  to  this 
Convention  such  Constitution  or  Articles  as  may  be  agreed  on  by  said 
Deputies. 

On  motion  of  Mr.  Memmingcr,  the  first  of  these  resolutions  was 
referred  to  the  Committee  on  Foreign  Relations;  and  the  second 
resolution  to  the  Committee  on  Relations  with  the  Slaveholding  States 
of  North  America. 

The  resolutions  were  ordered  to  be  printed. 

On  motion  of  Mr.  Hutson,  it  was  ordered  that  when  the  Convention 
adjourns,  it  shall  be  adjourned  to  meet  to-morrow,  at  twelve  o'clock,  M. 

Mr.  Mazyck  offered  the  following  resolution,  which  was  made  the 
special  order  of  the  day  for  to-morrow,  at  one  o'clock,  P.  M.,  and  was 
ordered  to  be  printed  : 

Resolved,  That  a  Committee,  to  consist  of  members,  be  ap- 
pointed, whose  duty  it  shall  be  to  inquire  and  report  to  this  Convention 
how  much  of  the  legislation  of  Congress  would  be  ipso  facto  abrogated 
so  far  as  this  State  is  concerned,  by  the  secession  of  the  State  from  the 
Federal  Union,  and  how  much  of  it  might  remain  of  force,  notwith- 
standing the  act  of  secession. 

On  motion  of  Mr.  Orr,  the  Convention  was  adjourned  at  forty-five 
minutes  past  four  o'clock,  P.  JI. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


♦'^ 


•c% 


RULES 


OF   THE 


CONVENTION  OF  DECEMBER  17,  1860. 


1.  The  President  and  eiglity-four  members  shall  be  a  quorum  to 
transact  business. 

2.  If  any  member  sh'all  absent  himself  without  leave,  he  may  be 
sent  for  at  his  own  expense,  and  be  subject  to  the  censure  of  the  Con- 
vention. 

3.  No  member  shall  speak  more  than  twice  to  thd  sanie  point  with-' 
out  leave  of  the  Convention. 

4.  Each  member,  when  speaking,  shall  address  himself  to  the  Chair, 
standing  and  uncovered,  at  his  place. 

•5.  If  two  members  rise  to  speak  nearly  at  the  same  time,  the  Presi- 
dent shall  decide  which  was 'first  up. 

0.  Every  member,  when  speaking,  shall  adhere  to  the  point  before 
the  Convention,  and  shall  not  be  interrupted  unless  he  departs  from  it, 
when  he  may  be  called  to  order. 

7.  When  a  question  of  order  arises,  it  shall  be  decided  by  the  Presi- 
dent, in  the  first  instance ;  but  any  member  may  appeal  from  his  deter- 
mination to  the  Convention. 

8.  When  a  motion  is  made  and  seconded,  it  shall,  if  required  by  a 
member,  be  reduced  to  writing,  and  delivered  in  at  the  table. 

0.  When  a  question  is  put  by  the  President,  and  the  Convention 
divides,  the  Clerk  shall,  at  the  request  of  any  seven  members  present, 
take  down  and  enter  on  the  journal  the  names  of  all  those  members 
who  vote  for  and  against  the  (juestion,  and  cause  them  to  be  published 
in  .Tny  gazette  of  the  State. 

10.  When  the  President  desires  to  be  heard,  the  members  shall  take 
their  seats,  and  keep  order  whilst  he  is  speaking. 

1 1.  When  a  motion  is  made  for  adjournment  and  seconded,  no  ques- 


36        JOURNAL  OF  THE  CONVENTION, 

tion  shall  be  debated  until  the  Convention  shall  have  decided  that 
motion. 

12.  Motions  to  adjourn,  to  take  a  recess,  to  lay  on  the  table,  to  post- 
pone indefinitely,  or  to  a*day  beyond  the  session,  to  aidJQurn  a  debate, 
shall  be  decided  without  debate,  after  such  short  conversations  as  the 
President  may  permit. 

13.  On  points  not  specified  in  the  above  rules,  the  Convention  shall 
be  governed  by  the  "rules  of  the  House  of  Representatives  of  the 
General  Assembly  of  South  Carolina,"  so  far  as  they  are  applicable. 


THURSDAY,  DECEMBER  20,  1860. 


37 


THURSDAY,  DECEMBER   20,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  ^yith  prayer  by  Rev. 
T.  R.  English. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Buchanan, 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Cam, 
Carroll, 
Caughman, 
Cautl^en, 
Charles, 
Chesnut, 
Cheves, 
('larkc. 


Conner, 

Crawford, 

Curtis, 

Dargan, 

Davant, 

Davis, 

DeSaussurej 

DeTreville, 

Dozier, 

Duncan, 

Dunkiu, 

Dunovant,  A.  Q. 

Dunovant,  R.  G.  M. 

DuPre, 

Ea.sley, 

Ellis, 

English, 

Evans, 

Fair,       '    . 

Finley, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Gadbcrry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 


38 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  Masey 
Gregg,  William 
Grisliam, 
Hammond,    . 
Kanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hopkins, 
Hunter, 
Hutson, 
Inglis, 

Ingram,  ^ 

Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
^  Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrum; 
Lawton, 
Jjewis, 
Logan, 
Lyles, 
McCrady, 
Mclver, 
McKee, 
McLeod, 
Magrath, 
Manigautt, 
Manning, 


Messrs.  Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 
Means, 
Memminger, 
Middleton,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Moorman, 
Nohle, 
Nowell, 
O'Hcar, 
Orr, 
Palmer, 
Parker, 
Perrin, 
Pope, 
Porcher, 
Prcssley, 
Quattlebaura, 
Rainey, 
Heed, 
Rhett,     . 
Rhodes, 

Richardson,  F.   D. 
Richardson,  J.  P. 
Robertson, 
Rowell, 
Rutledge, 
Scott, 

Seabrook,  E.  M. 
Seabrook,  G.  W.,  Sr. 
Sessions, 
Shingler,  J.  ]Vf. 
Shingler,  W.  P. 
Simons, 
Simpson, 
Sims, 


THURSDAY,  DECEMBER  20,  1860.  39 

Messrs.  Smith,  Messrs.  Wannamaker, 

Smyly,  Wardlaw,  D.  L. 

Suowden,  •                                      Wardlaw,  F.  H. 

Spain,  Watts, 

Spratt,  Whitner, 

Springs,  *                           Wier, 

Stokes,  Williams, 

Thompson,  R.  A.                     '          Wilson,  I.  D. 

Thomson,  Thomas  Wilson,  J.  H. 

Timmons,  Wilson,  W.  B. 

Tompkins,  Withers, 

Townsend,  Woods, 

Wagner,  Young. 

The  journal  of  yesterday's  proceedings  was  read. 
Mr.  Read  offered  the  following  resolution  : 

Resolved,  That  the  Mayor  of  the  City  of  Charleston  be  invited  to  a 
seat  on  the  floor  of  the  Convention. 

Mf.  Means  moved  that  the  resolution  be  amended  so  as  to  include 
in  the  invitation  the  Governor,  the  President  of  the  Senate,  and  the 
Speaker  of  the  House  of  Representatives. 

The  amendment  was  accepted  by  the  mover  of  the  resolution,  and 
the  resolution,  as  amended,  was  adopted. 

The  President  announced  the  following  Committees  : 

Committee  to  draft  a  summary  statement  of  the  causes  which  justify 
the  secession  of  South  Carolina  : 

Messrs.  C  Gr.  Memminger, 

F.  H.  Wardlaw,  • 

R.  W.  Barnwell, 

J.  P.  Richardson, 

B.  H.  Rutledge, 

J.  E.  Jenkins, 

P.  E.  Duncan. 

Committee  on  so  much  of  the  Message  of  the  President  of  the  United 
States  a.s  relates  to  the  claim  of  property  of  the  United  States  within 
the  limits  of  South  Carolina  : 

Messrs.  A.  G.  Magrath, 
L.  M.  Keitt, 


40        JOURNAL  OF  THE  CONVENTION, 

Messrs.  J.  1'.  Carroll, 

W.  W.  Harllee, 

J.  H.  Wilson, 

R.  Gr.  M.  Dunovant, 

W.  H.  Campbell, 

J.  P.  Reed,  ' 

W.  Hopkins, 

W.  S.  Lyles, 

a.  W.  Seabrook,  Sr., 

J.  J.  Ingram, 

E.  M.  Clarke. 

Committee   on   Relations  witb   the    Slaveboldiug   States  of  North 
America  : 

Messrs.  T.  J.  Withers, 
J,  H.  Means, 

J.  L.  Manning,  ^ 

J.  Townsend, 
•  H.  C.  Young, 

A.  Mazyek, 
L.  M.  Ayer, 
W.  B.  Wilson, 
T.  R.  English, 
S.  Fair, 
R.  J.  Davant, 
J.  M.  Gadberry, 
E.  St.  P.  Bellinger. 

Commitfee  on  Foreign  Relations  : 

•  Messrs.  W.  P.  Miles, 
J.  H.  Adams, 
W.  H.  Gist, 

F.  D.  Richardson, 
L.  W.  Spratt, 
Wm.  Cain, 

T.  L.  Gourdin, 
A.  W.  Burnet, 

G.  Manigault, 
E.  Noble, 


THURSDAY,  DECEMBER  20,  1860.  41 

Messrs.  J.  S.  O'Hear, 
J.  D.  Pope, 
E.  W.  Charles. 

Committee  on  Commeiyial  Relations  and  Postal  Arrangements  : 
.  Messrs.  B.  F.  Dunkin, 

E.  McCrady, 

H.  W.  Conner, 

R.  N.  Gourdin, 

J.  L.  Nowell, 

T.  D.  Wagner, 

"Wm.  Gregg, 

J.  J.  P.  Smith, 

J.  Jenkins, 

W.  Middleton, 

A.  H.  Brown, 
i  E.  M.  Seabrook, 

R.  F.  Simpson.  ^ 

Committee  on  the  Constitution  of  the  State : 

Messrs.  D.  L.  Wardlaw, 
J.N.  Whitner, 
T.  W.  Glover, 
I.  W.  Ilayne, 
R.  DeTreville, 
•  J.  A.  Dargan, 

T.  Thomson, 
J.  Buchanan, 
A.  C.  Spain, 
IT.  Mclver, 
T.  C.  Perrin, 
W.  D.  Johnson, 
J.  B.  Kershaw. 

The  President  announced  that  Mr.  R.  C.  Logan  is  apiwinted  Cashier, 
and  Mr.  J.  G.  Pressley  Deputy  Cashier,  of  the  Convention. 
Mr.  llhctt  offered  the  following  resolution  : 

Remhcd,  That  a  Committee  of  Thirteen  be  appointed  to  report  to 
this  Convention  an  Ordinance  proposing  and  providing  far  the  asscm- 
0 


4  JOURNAL  OF  THE  CONVENTION, 

blage  of  a  Convention  of  the  Slaveholding  States  of  the  United  States 
to  form  the  Constitution  of  a  Southern  Confederacy. 

On  motion  of  Mr.  F.  II.  "Wardlaw,  the  resolution  was  referred  to  the 
Committee  on  the  Slaveholding  States  of  Nor^h  America. 

Mr.  Tnglis,  from  the  Committee  appointed  to  prepar.e  an  Ordinance 
proper  to  be  adopted  by  "the  Convention,  presented  the  following 

REPORT : 

The  Committee  appointed  to  prepare  a  draft  of  an  Ordinance  proper 
to  be  adopted  by  the  Convention  in  order  to  effect  the  secession  of  South 
Carolina  from  the  Federal  Union,  respectfully  report : 

That  they  have  had  the  matter  referred  under  consideration,  and 
believing  that  they  would  best  meet  tha  esigencies  of  the  great  occasion, 
and  the  just  expectations  of  the  Convention,  by  .expressing,  in  the 
fewest  and  simplest  words  possible  to  be  used,  consistently  with  perspi- 
cuity, all  that  is  necessary  to  effect  the  end  proposed  and  no  more,  and 
so  excluding  everything,  which,  however  proper  in  itself,  for  the  atten- 
tion and  action  of  the  Convention,  is  not  a  necessary  part  of  the  solemn 
act  of  secession,  but  may,  at  least,  be  as  well  effected  by  a  distinct  Ordi- 
dinance  or  resolution,  they  submit  for  the  consideration  of  the  Conven- 
tion the  accompanying  brief  draft : 

AN  ORDINANCE 

To  dissolve  the  Union  between  the  State  of  South  Carolina  and  other 

States  united  with  her  under  the  compact  entitled  "  The  Constitution 

of  the  United  States  of  Ameiica." 

We,  the  People  of  the  State  of  South  Cardina,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 

That  the  Ordinance  adopted  by  us  in  Convention,  on  the  twenty-third 
day  of  May,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-eight,  whereby  the  Constitution  of  the  United  States  of  America 
was  ratified,  and  also  all  Acts,  and  parts  of  Acts,  of  the  General  Assem- 
bly of  this  State,  ratifying  amendments  of  the  said  Constitution,  are 
hereby  repealed ;  and  that  the  union  now  subsisting  between  South 
Carolina  and  other  States,  under  the  name  of  "The  United  States  of 
America,"  is  hereby  dissolved. 

Mr.  Spain  moved  that  business  be  suspended  for  fifteen  minutes; 
which  motiop  was  not  agreed  to. 


THURSDAY,  DECEMBER  20,  1860. 


43 


The  question  being  put,  will  the  Convention  adopt  the  Ordinance  ? 
it  passed  in  the  affirmative ; 

Yeas,  169  ;    nays,  none. 
The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 


Hon.  D. 

F.  Jamison, 

President;  and 

Messrs.  Adams, 

Messrs. 

,  Curtis, 

Allison, 

Dargan, 

Appleby, 

Davant, 

Atkinson, 

Davis, 

Ayer,     , 

DcSaussure, 

Barnwell, 

DeTreville, 

Barron, 

Dozier, 

Barton, 

Duncan, 

Beaty, 

Duiikin, 

Bellinger, 

' 

Dunovant,  A.  Q. 

Bethea, 

Dunovant,  R.  G.  M, 

Bobo, 

DuPre, 

BonueaUj 

Easlcy, 

Brabham, 

Ellis, 

Brown,  A. 

H. 

English, 

Brown,  C. 

P. 

Evans, 

Buchanan, 

Fair, 

Burnet, 

Finley, 

Cain, 

Flud, 

Caldwell, 

Forster, 

Calhoun, 

Foster, 

Campbell, 

Frampton, 

Carlisle, 

Furman, 

Carn, 

Gadberry, 

Carroll, 

• 

Garlington, 

CaughmaUj 

f 

Geiger, 

Cauthcn, 

Gist, 

Charles, 

Glover, 

Chisnut, 

, 

Goodwin, 

Chcves, 

Gourdin,  R.  N. 

^  Clarke, 

' 

Gourdin,  T.  L. 

Conner, 

Green, 

Crawford, 

Gregg,  Maxcy 

44 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Gregg,  William 

Messrs.  Means, 

Grisham, 

Memminger, 

Hammond, 

Middleton,  John  Izard 

Hanckcl, 

Middleton,  AVilliams 

Harllee, 

Miles, 

Harrison, 

Moore, 

Hayne, 

Moorman, 

Henderson,     • 

Noble, 

Honour, 

Nowell, 

Hopkins, 

O'Hear, 

Hunter, 

Orr, 

Hutson, 

Palmer,     , 

Inglis, 

Parker, 

Ingram, 

Perrin, 

Jackson, 

Pope, 

Jefferies, 

Porcher,  ^ 

Jenkins,  John 

Pressley, 

Jenkins,  J.  E. 

Quattlebaum, 

Johnson, 

Rainey, 

Kcitt, 

Reed, 

Kershaw, 

Rhett, 

Kilgore, 

Rhodes, 

Kinard, 

.    Richardson,  F.  D. 

Kiosler, 

Richardson,  J.   P. 

Land  rum, 

Robinson, 

Lawtou, 

Rowel), 

Lewis, 

Ilutledge, 

Logan, 

Scott, 

Lyles, 

Seabrook,  E.  M. 

McCrady, 

Seabrook,  G.  W.,  Sr. 

Mclver, 

Sessions, 

McKee, 

Shingler,  J.  M. 

McLeod, 

^hingler,  W.  P. 

Magrath, 

Simons, 

Manigault, 

Simpson, 

Manning, 

Sims, 

Mauldin, 

Smith, 

Maxwell, 

Smyly,                    ^ 
Snowden, 

Mayes, 

Mazyck, 

Spain, 

THURSDAY,  DECEMBER  20,  1860.  45 

Messrs.  Spratt,  Messrs.  Wardlaw,  F.  II. 

Springs,  Watts, 

Stokes,  ■  Whitner, 

Thompson,  R.  A.  Wier, 

Thomson,  Thomas  Williams, 

Timmons,  Wilson,  I.  D. 

Tompkias,  Wilson,  J.  H. 

Townsend,  Wilson,  W.  B. 

Wagner,  Withers, 

Wannamaker,  Woods, 

Wardlaw,  D.  L.  Young. 

On  motion  of  Mr.  Miles,  it  was  ordered  that  the  Clerk  telegraph 
forthwith  to  our  members  of  Congress  in  Washington  the  result  of  the 
vote  and  the  Ordinance  of  Secession. 

•  Mr.  DcSaussure  oflfered  the  following  resolutions,  which  were  con- 
sidered immediately,  and  were  agreed'to: 

'  Resolved,  That  a  message  be  sent  to  his  Excellency  the  Governor, 
and  to  both  branches  of  the  Legislature,  inviting  their  attendance  at  the 
Institute  Hall,  at  seven  o'clock  this  evening;  and  that  this  Convention 
move  in  procession  to  the  Institute  Hall,  and  there,  at  seven  o'clock, 
in  the  presence  of  the  constituted  authorities  of  the  State,  and  of  the 
People,  sign  the  Ordinance  of  Secession. 

Resolved,  That  the  President  invite  a  member  of  the  reverend  cjergy 
to  attend  at  Institute  Hall,  at  seven  o'clock  this  evening,  and,  upon 
the  signing  of  the  Ordinance,  to  return  thanks  to  Almighty  God,  on 
behalf  of  the  People  of  this  State,  and  to  invoke  His  blessing  upon  our 
proceedings. 

Resolved,  That  the  Ordinance  be  engrossed,  under  the  direction  of 
the  Attorney  General  and  the  Solicitors,  upon  parchment,  and  signed 
by  the  President  and  members  of  the  Convention  at  the  Institute  Hall, 
in  the  alphabetical  order  of  Election  Districts,  and  be  deposited  in  the 
archives  of  the  State. 

Mr.  Dunkin  offered  the  following  Ordinance,  which  was  considered 
immediately :  , 

Be  it  ordained,  hi/  the  Piople  oj  South  Carolina,  hy  their  Delegates 
in  Convention  assembled, 

That  until  otherwise  provided  by  the  Legislature,  the  Governor  shall 


46        JOURNAL  OF  THE  CONVENTION, 

« 

be  authorized  to  appoint  Collectors  and  other  officers  connected  with 
the  Customs  for  the  several  ports  within  the  State  of  South  Carolina, 
and  also  all  Post  Masters  within  the  said  State;  and  that,  until  such 
appointment  shall  have  been  made,  the  persons  now  charged  with  the 
duties  of  the  said  several  offices  shall  continue  to  discharge  the  same, 
keeping  an  account  of  the  moneys  received  and  disbursed  by  them 
respectively. 

Mr.  Gadberry  moved  to  amend,  by  striking  out  the  words  "  by  the 
Legislature." 

Mr.  Dunkin  accepted  the  amendment. 

Mr.  E.  M.  Seabrook  moved  that  the  Ordinance  be  referred  to  the 
Committee  on  Commercial  Relations  and  Postal  Arrangements. 

Mr.  Seabrook  withdrew  his  motion. 

Mr.  Carroll  moved  that  the  Ordinance  be  made  the  special  order  of 
the  day  for  to-morrow,  at  one  o'clock,  P.  M.,  which  motion  was  not 
agreed  to. 

Mr.  M'axcy  Gregg  moved  to  strike  out  all  after  the  ordaining  words, 
and  insert  the  following  :  , 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  assem- 
hlecl,  do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained. 
That  until  otherwise  jiroviued  for  by  the  General  Assembly,  the  impor- 
tation of  merchandize  into  tliis  State  shall  be  free  and  unrestricted; 
and  it  shall  be  the  duty  of  the  Governor  to  make  such  temporary  regu- 
lations as  may  be  requisite,  concerning  the  entry  and  clearance  of  ves- 
sels, and  to  appoint  such  officers  as  may  be  needed  for  the  purpose; 
and  it  shall  be  the  duty  of  the  General  Assembly  to  provide  proper 
compensation  for  all  officers  whoso  appointment  is  required  by  this 
Ordinance. 

Section  2.  And  it  is  further  ordained  and  declared  that,  until 
otherwise  provided  for  by  the  General  Assembly,  it  shall  be  the  duty 
of  the  Governor  to  appoint  Post  Masters,  and  to  make  such  temporary 
arrangements  as  may  be  requisite  for  the  transportation  »f  the  mails, 
having  due  regard  to  mail  contracts  \nt\i  the  Government  of  the  United 
States,  now,  subsisting. 

Mr.  J.  I.  Middleton  proposed  the  following  amendment,  as  an  addi- 
tional clause  to  the  Ordinance  : 

And  the  Collectors  of  the  Customs  are  hereby  instructed  to  levy  and 


THURSDAY,  DECEMBER  20,  1860.  47 

collect  duties  on  all  goods,  wares  and  merchandize,  at  half  the  rates 
heretofore  exacted  by  operation  of  the  last  Tariff  Act  of  the  United 
States  Government,  until  otherwise  directed  by  law. 

Mr.  Hutson  offered  the  following  amendment : 

We,  the  People  of  (he  Commomocalth  of  South  Carolina,  in  Conven- 
tion assembled,  do  declare  and  ordain,  and  it  is  hcrchy  declared  and 
ordained, 

That  until  the  General  Assembly  shall  otherwise  provide,  all  citizens 
of  this  State  now  holding  office  under  the  Government  of  the  United 
States,  within  the  limits  of  South  Carolina,  be,  and  they  are  hereby, 
appointed  to  hold,  under  the  Government  of  this  State,  the  same  ofl&ces 
they  now  fill,  with  the  jiny  and  the  emoluments  they  now  receive. 

And  be  it  further  ordained ,  that  until  the  General  Assembly  shall 
otherwise  provide,  the  revenue  and  postal  laws  of  the  United  States 
be,  and  they  are  hereby,  adopted  and  made  the  laws  of  this  State; 
saving  and  excepting  that  no  duties  shall  be  collected  upon  goods, 
wares,  merchandizes  aad  productions  imported  from  any  of  the  slave- 
holding  Commonwealths  of  North  America. 

And  be  it  further  ordained,  that  all  n)oncy3  collected  by  any  of  the 
officers  aforesaid  shall,  after  deducting  the  sums  necessary  for  the  com- 
pensation of  officers  and  other  expenses,  be  paid  into  the  Bank  of  the 
State  of  South  Carolina,  subject  to  the  order  of  the  Genetal  Assembly. 

And  be  it  further  ordained,  that  the  officers  aforesaid  shall  retain  in 
their 'hands  all  property  of  the  United  States  in  their  possession,  cus- 
tody and  control,  subject  to  the  disposal  of  the  General  Assembly,  who 
will  account  for  the  same  upon  a  final  settlement  with  the  Government 
of  the  United  States. 

Mr.  A.  11.  Brown  offered  the  following  amendment: 

That  the  Governor  of  the  State  be  empowered  forthwith  to  collect 
duties  on  imports  at  the  rates  now  existing  in  the  United  States,  and 
appoint  Collectors  or  other  recipients  for  the  same,  and  hMd  them  sub- 
ject to  the  further  direction  of  this  body,  and  also  continue  the  present 
Postal  Arrangements,  in  part  contracted  ou  our  behalf,  till  further 
arrangements  can  be  effected. 

On   motion,  the    Ordinance,  and  the  amendments  proposed,  were 
ordered  to  be  printed. 
Pending  the  debate," 


48        JOURNAL  OF  THE  CONVENTION, 

On  tuotion  of  Mr.  Mazyck,  business  was  suspended  at  forty-five 
minutes  past  three  o'clock,  P.  M.,  till  half-past  six  o'clock,  P.  M. 

RECESS. 

The  President  resumed  the  chair. 

On  motion  of  Mr.  Rhett,  it  was  ordered,  that  when  the  Convention 
adjourn,  it  shall  be  adjoUrned  to  meet  to-morrow,  at  twelve  o'clock,  M. 

3Ir.  DeSaussure  offered  the  following  resolution,  which,  on  motion  of 
Mr.  Bonneau,  was  ordered  to  lie  on  the  table  : 

Resolved,  That  the  Charleston  Delegates  to  the  Convention  be 
requested  to  cause  an  alteration  to  be  made  iti  the  arrangement  of  the 
Hall,  so  that  the  seat  of  the  President'  shall  be  in  the  centre  of  the 
Hall,  on  the  south  side,  opposite  to  the  front  entrance;  and  the  chairs 
of  the  members  be  arranged  on  the  right  hand  and  the  left,  facing  the 
Chair,  thus  briniring  the  members  face  to  face,  and  ensuring  the  chance 
of  being  distinctly  heard. 

A  message  was  received  from  the  Senate,  through  their  Clerk,  Mr. 
William  E.  Martin,  informing  the  Convention  that  the  Senate  accepted 
the  invitation  of  the  Convention,  to  attend  the  signing  of  the  Ordinance 
of  Secession  ^t  Institute  Hall,  this  evening,  at  seven  o'clock. 

A  message  was  received  from  the  House  of  Representatives,  through 
their  Clerk,  Mr.  John  T.  Sloan,  informing  the  Convention  tlij^t  the 
House  of  Representatives  accepted  the  invitation  of  the  Convention,  to 
attend  the  signing  of  the  Ordinance  of  Secession  at  Institute  Hall,  this 
evening,  at  seven  o'clock. 

The  Convention  moved  in  procession  to  Institute  Hall.  The  Presi- 
dent look  the  chair,  and  the  proceedings  were  opened  with  prayer  by 
Rev.  I)r.  Rachman. 

The  Attorney  (leneral,  ]NIr.  I.  W.  Ilayne,  made  the  following  report: 

The  Attorney  General  and  the  Solicitors,  to  whom  was  confided  the 
care  of  the  Ordinance  of  tjiis  Convention  for  engrossing  and  enrollment, 
have  performed  that  duty,  and  caused  the  Great  Seal  of  the  State  to 
be  attached  thergto. 

Whereupon,  the  Ordinance  was  presented,  and  was  signed  by  every 
member  of  the  Convention,  the  Electioa  Districts  having  been  called 
in  alphabetical  order. 


FRIDAY,  DECEMBER  21,  1860. '  ^ 

When  the  siguiug  was  completed,  tlie  President  of  the  Convention 
said  : 

The  Ordinance  of  Secession  has  been  signed  and  ratified,  and  I  pro- 
claim the  State  of  South  Carolina  an  Independent  Commonwealth. 

On  motion,  the  Convention  was  adjourned  at  fifteen  minutes  past 
nine  o'clock,  P.  M. 

B.  F.  xVRTHUR, 

Clerk  of  the  Convention, 


FRIDAY,  DECEMBER  21,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  DuPre. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Buchanan, 
Caldwell, 
Calhoun, 
7 


Mesws.  Campbell, 
Carlisle, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Chcsnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Da  van  t, 
Davis, 
DeSaussurc, 
DcTreville, 
Duncan, 


50 


JOURNAL  OF  THE  CONVENTION, 


Messrs,  Dunkin, 
DuPre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Finley, 
Flud, 
Forster, 
Foster, 
FramptoD;, 
Furman, 
Gadberry, 
GarlingtOD, 
Geiger, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Green, 

Gregg,  Maxcy 
Gregg,  William 
Grisham, 
Hammond, 
Hanckel, 
Harllee, 
Harrison, 
Hayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 


Messrs.  Keitt, 

Kershaw, 

Kilgore, 

Kinard, 

Kinsler, 

Land  rum, 

Lawton, 

Lewis, 

Logan, 

Lyles,  . 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Manning, 

Mauldin, 

Maxwell, 

Mayes,    "  ^ 

Means, 

Memminger, 

Middleton,  John  Izard 

Middleton,  Williams 

Moore, 

IMoorman, 

Nowell, 

Orr, 

Palmer, 

Parker, 

Pcrrin, 

Pope, 

Porchcr, 

Pressley, 

Quattlebaum, 

llaincy. 

Reed,  • 

Rhett, 

Rhodes, 

Richardson,  J.  P, 

Robinson, 


FRIDAY,  DECEMBER  21,  1860. 


51 


Messrs.  Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W.,  Sr. 

Sessions, 

Shingler,  J.  M. 

Shiiigler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith, 

Smyly, 

Snowden, 

Spain, 

Springs, 

Stokes, 

Thompson,  R.  A. 


Messrs.  Thomson,  Thomas 
Timijions, 
Tompkins, 
Townsend, 
Wagner, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 


The  journal  of  yesterday's  proceedings  was  read. 

Mr.  Adams  moved  that  this  Convention  go  into  secret  session. 

On  motion  of  Mr.  Perrin,  the  motion  was  ordered  to  lie  on  the  table. 

Mr.  Rhett  presented  the  report  of  the  Committee  appointed  to  pre- 
pare an  address  to  the  people  of  the  Southern  States. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  address  was  ordered  to  bo 
printed. 

Mr.  Cam  moved  that  the  address  be  made  the  special  order  of  the 
day  for  Monday  next,  at  one  o'clock,  P.  M. 

Mr.  Reed  moved  to  amend,  by  striking  out  "Monday  next"  and 
inserting  "to-morrow";  which  amendment  was  agreed  to,  and  the 
address  was  made  the  special  order  .of  the  day  for  to-morrow,  at  one 
o'clock,  P.  M. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,  made  a  report,  and  reported  the  following 


ORDINANCE : 

All  Ordinance  to  alter  the  Constitution  of  the  State  of  South  Caro- 
lina in  respect  to  the  oath  of  office. 

He,  the    People   of  (he    State    oj  South    Carolina,    in    Convention 


52        JOURNAL  OF  THE  CONVENTION, 

assembled,  do  declare  and  ordain,  and  it  is  lierehy  declared  and  or- 
dained, • 

That  the  Fourth  Article^of  the  Constitution  of  the  State  of  South 
Carolina,  heretofore  anicuded,  be  now  altered  so  as  to  read  as  follows, 
to  wit : 

All  persons  who  shall  be  elected  or  appointed  to  any  office  of  profit 
or  trust,  before  entering  on  the  execution  thereof,  shall  take  (besides 
special  oaths,  not  repugnant  to  this  Constitution,  prescribed  by  the 
General  Assembly)  the  following  oath :  "  I  do  solemnly  swear  (or 
affirm)  that  I  will  be  faithful,  and  true  allegiance  bear,  to  tbe  State  of 
South  Carolina,  so  long  as  I  may  continue  a  citizen  thereof;  and  that 
I  am  duly  cjualified,  according  to  the  Constitution  of  this  State,  to 
exercise  the  office  tovhich  I  have  been  appointed;  and  that  I  will,  to 
the  best  of  my  ability,  discharge  the  duties  thereof,  and  preserve,  pro- 
tect and  defend  the  Constitution  of  this  State,  so  help  me  God." 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Ordinance  was  considered 
immediately,  was  adopted,  was  ordered  to  be  engrossed,  and  to  be  signed 
by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Pressley,  leave  of  absence  was  granted  to  3Ir. 
Dozier,  on  account  of  sickness. 

On  motion  of  Mr.  Spain,  leave  of  absence,  until  Monday,  the  31st 
instant,  was  granted  to  Mr.  Green,  on  account  of  indisposition. 

SPECIAL  ORDER. 

On  motion  of  Mr.  DeTrcvi.lle,  the  Convention  proceeded  to  the  con- 
sideration of  the  following  resolution,  which  had  been  made  the  special 
order  of  the  day  for  Thursday,, at  one  o'clock,  P.  M. :    ' 

Resolved,  That  it  is  expedient  that  a  Council,  to  consist  of  five  citi- 
zens of  the  State,  to  act  with  the  Governor  of  the  State  as  his  coun- 
sellors and  advisers,  and  to  be  called  a  Council  of  Safety,  should  be 
forthwith  appointed;  and  that  it  be  referred  to  a  Committee  of  this 
Convention  to  report  thereon,  by  Ordinance  or  otherwise. 

On  motion  of  Mr.  DeTreville,  the  resolution  was  amended  by  strik- 
ing out  all  after  the  word  "  Resolved,"  and  inserting  the  following: 
''That  it  be  referred' to  the  Committee  on  the  Constitution  to  enquire 
and  report  on  the  expediency  of  appointing  forthwith  a  Council  to  con- 
sist of citizens  of  the   State,  to  act  with  the   Governor  of  the 


FRIDAY,  DECEMBER  21,  1860.  53 

State,  as  his  counsellors  and  advisers,  and  to  be  called  a  Council  of 
Safety." 

On  motion  of  Mr.  DeTrevillc,  the  resolution,  as  amended,  was 
agreed  to. 

On  motion  of  Mr.  Adams,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  Harllee  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  a  Committee  of  three  be  appointed  to  wait  upon  his 
Excellency  the  Governor,  for  the  purpose  of  ascertaining  if  there  be 
any  information  in  his  possession  which  requires  this  Convention  to 
advise  with  him  in  secret  session,  or  suggest  any  course  for  him  to 
.pursue,  other  than  the  exercise  of  his  own  discretion  in  the  present 
state  of  affairs. 

Whereupon  the  President  appointed  Messrs.  Harllee,  Orr  and  Ches- 
nut,  of  the  Committee. 

Mr.  Miles,  from  the  Committee  on  Foreign  Relations,  presented  the 
following  report : 

The  Committee  on  Foreign  Relations,  to  whom  were  referred  certain 
resolutions  touching  the  appointment  of  Commissioners,  to  treat  with 
the  United  States,  concerning  the  property  of  the  latter  in  South  Caro- 
lina, and  other  matters,  beg  leave  respectfully  to  report : 

That  they  have  duly  considered  the  subjects  submitted  to  them,  and 
recommend  the  immediate  adoption  of  the  following  resolution  : 

Resolved,  That  three  Commissioners,  to  be  elected  by  ballot  of  this 
Convention,  be  directed  forthwith  to  proceed  to  Washington,  author- 
ized and  empowered  to  treat  with  the  Government  of  the  United 
Suites  for  the  delivery  of  the  forts,  magazines,  light-houses,  and  other 
real  estate,  with  their  appurtenances,  within  the  limits  of  South  Caro- 
lina, and  also  for  an'apportionment  of  the  public  debt  and  for  a  division 
of  all  other  property  held  by  the  Government  of  the  United  States,  as 
agent  of  the  Confederated  States,  of  which  South  Carolina  was  recently 
a  member;  and  generally  to  negotiate  as  to  all  other  measures  and 
arrangements  proper  to  be  made  and  adopted  in  the  existing  relations 
of  the  parties,  and  for  the  continuance  of  peace  and  amity  between 
this  Commonwealth  and  the  Government  at  Washington. 


54  ■      JOURNAL  OF  THE  CONVENTION, 

Mr.  Barnwell  oflfered  the  following  amendment,  which,  on  motion  of 
Mr.  Reed,  was  ordered  to  lie  on  the  table : 

Resolved,  That  James  Chesnut,  Jr.,  W.  P.  Miles,  L.  M.  Keitt  and 
William  fl.  Trescot,  be  appointed  Commissioners  of  this  Convention, 
with  instructions  to  proceed  forthwith  to  Washington,  to  lay  the  Ordi- 
nance of  Secession  before  the  Federal  Government,  and  to  treat  with 
that  Government  concerning  the  property  claimed  by  it  within  this" 
State,  and  any  other  right  affected  by  the  act  of  secession. 

Mr.  Maxcy  Gregg  offered  the  following  amendment : 

Resolved,  That  three  Commissioners,  to  be  elected  by  ballot  of  this 
Convention,  be  directed  forthwith  to  proceed  to  Washington,  authorized 
and  empowered  to  present  to  the  President  of  the  Confederacy,  from 
which  the  State  of  South  Carolina  has  now  withdrawn,  a  copy  of  the 
Ordinance  adopted  by  this  Convention  on  the  twentieth  day  of  the  pres- 
ent month,  and  to  demand  of  him  the  immediate  withdrawal  from  the 
territory  of  South  Carolina,  of  the  military  and  naval  foi'ces  now  there 
under  his  command,  and  the  immediate  delivery  of  the  forts,  with 
their  armaments,  and  of  the  other  buildings  and  lands  heretofore  held 
by  the  Government  of  the  United  States  within  the  territory  of  South 
Carolina ;  and  also  to  offer  to  treat,  on  the  part  of  the  State  of  South 
Carolina,  concerning  an  equitable  division  of  the  public  property  of  the 
late  Confederacy  and  apportion dfent  of  the  public  debt  and  arrangement 
of  postal  affairs,  and  concerning  any  other  measures  which  may  be 
proper  to  be  adopted  for  the  preservation  of  peace  and  amity  between 
this  Commonwealth  and  the  Government  at  Washington. 

Mr.  Gregg  withdrew  his  amendment. 

The  report  of  the  Committee  was  agreed  to. 

Mr.  Ilarllee,  from  the  Committee  appointed  to  wait  upon  his  Excel- 
lency the  Governor,  reported  that  they  had  discharged  that  duty,  and 
that  his  Excellency  was  not  in  possession  of  infosmation,  making  it 
necessary  for,  him  to  communicate  with  the  Convention  in  Secret 
Session. 

On  motion  of  Mr.  Gist,  the  doors  of  the  Ilall  were  thrown  open. 

On  motion  of  Mr.  Buchanan,  it  was  ordered,  that  when  the  Conven- 
tion adjourns,  it  shall  be  adjourned  to  meet  to-morrow,  at  twelve 
o'clock,  M. 


FRIDAY,  DECEMBER  21,  1860.  55 

On  motion  of  Mr.  J.  I.  Middleton,  leave  of  absence,  till  Monday 
next,  was  granted  to  Mr.  Appleby. 

On  motion  of  Mr.  Inglis,  business  was  suspended  at  fifty-five  minutes 
past  three  o'clock,  P.  M.,  until  seven  o'clock,  P.  M. 

RECESS. 

The  President  resumed  the  chair. 

The  President  laid  before  the  Convention  the  following  communica- 
tion, which  was  received  as  information,  and  was  left  in  the  possession 
of  the  President : 

Charleston  Hotel,  December  21,  1860. 
Hon.  D.  F.  Jamison, 

President  of  the  South   Carolina   Convention, 

noio  sitting  in  Charleston : 

Dear  Sir  :  I  have  the  honor  to  lay  before  you,  for  information,  a 
despatch,  just  received  by  me,  from  his  Excellency,  John  J.  Pettus, 
Governor  of  Mississippi,  in  which  he  informs  me  that  in  Hinds  County, 
where  the  most  formidable  opposition,  or  cooperation,  ticket  in  the 
State  was  organized,  those  in  favor  of  separate  State  action  have  suc- 
ceeded by  a  majority  of  three  hundred;  and  that  we  have  the  State 
Convention  by  a  majority  of  four  to  one. 

I  have  the  honor  to  enclose  the  despatch,  to  be  disposed  of  at  your 
pleasure. 

Very  respectfully,  your  obedient  servant, 

C.  E.  HOOKER. 

The  despatch  referred  to  is  as  follows : 

To  Hon,  C.  E.  Hooker,  Commissioner  : 

Hinds  County  three  hundred  majority  for  prompt  secession.  Our 
majority  in  Convention  four  to  one. 

JOHN  J.  PETTUS. 

Mr.  Adams,  from  the  Committee  appointed  to  count  the  ballots  cast 
for  three  Commissioners  to  Washington,  reported  that  one  hundred  and 
sixty-four  (164)  ballots  were  cast,  with  the  following  result : 

Mr.  W.  P.  Miles  received  22  votes;  R.  W.  Barnwell,  104;  L.  M. 
Keitt,  4;  C.  G.  Memminger,  38;  T.  J.  Withers,  44;  J.  H.  Adams, 
21;  A.  G.  Magrath,  69;  I.  W.  Hayne,  1 ;  J.  S*.  Preston,  23;  J.  P. 


56        JOURNAL  OF  THE  CONVENTION, 

Carroll,  4;  J.  L.  Orr,  50  j  Wra.  II.  Trescot,  34;  R.  B.  Rhett,  10; 
J.  Chcsnut,  Jr.,  29;  D.  L.  Wardlaw,  9;  W.  P.  Finley,  3  ;  J.  L. 
Manning,  1  ;  W.  F.  DeSaussure,  2;  Maxcy  Gregg,  6 ;  John  McQueen, 
1;  W.  H.  Gist,  1;  John  A.  Inglis,  4;  I.  D.  Wilson,  1;  W.  W. 
Ilarllee,  1;  B.  F.  Dunkin,  2;  J,  P.  Richardsijn,  1;  J.  Townsend,  1. 
Eighty-three  being  a  majority,  R.  W.  Barnwell  only,  is  elected.  , 

On  motion  of  Mr.  DeTreville,  the  Convention  proceeded  to  a  second 
ballot  for  Commissioners  to  Washington. 

Mr.  Memminger,  from  the  Committee  appointed  to  prepare  a  declara- 
tion of  the  causes  which  justify  the  secession  of  South  Carolina  from 
the  Federal  Union,  made  a  report,  which,  on  motion  of  Mr.  Dargan, 
was  made  the  special  order  of  the  day  for  to-morrow,  at  one  o'clock,  P. 
M.-,  and  was  ordered  to  be  printed. 

Mr.  Atkinson,  from  the  Committee  appointed  to  count  the  ballots 
cast  on  the  second  ballot  for  Commissioners  to  the  Federal  Government 
at  Washington,  reported  that  no  one  hrfd  received  a  majority  of  the 
ballots  cast,  and  that,  consequently,  there  was  no  election. 

The  Convention  proceeded  to  a  third  ballot  for  Commissioners  to  the 
Federal  Government  at  Washington. 

On  motion  of  Mr.  Bobo,  leave  of  absence,  till  Wednesday  nest,  was 
granted  to  jMr.  Carlisle,  on  account  of  the  illness  of  his  f;imily. 

On  motion  of  Mr.  Dunkin,  the  following  Ordinance,  together  with 
the  amendments  thereto,  was  taken  up  from  the  table : 

Be  it  ordained  hij  the  People  of  South  Carolina,  hi/  their  Delegates 
in  Conocntion  asscjiibledj 

That  until  otherwise  provided,  the  Governor  shall  be  authorized  to 
appoint  Collectors  and  other  oflScers  conneoted  with  the  customs  for  the 
several  ports  within  the  State  of  South  Carolina,  and  also,  all  Post 
Masters  within  the  said  State;  and  that  until  such  appointment  shall 
have  been  made,  the  persons  now  charged  with  the  duties  of  the  said 
several  offices  shall  continue  to  discharge  the  same,  keeping  an  account 
of  the  moneys  received  and  disbursed  by  them  respectively. 

On  motion  of  Mr.  Dunkin,  the  Ordinance,  together  with  the  amend- 
ments, was  referred  to  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements. 

Mr.  Cheves  offered  the  following  Ordinance,  which,  on  motion  of 
Mr,  Cheves,  was  referred  to  the  Committee  on  Commercial  Relations 
and  Postal  ArrangeihentSj  and  was  ordered  to  be  printed : 


FRIDAY,  DECEMBER  21,  18G0.  57 

Whereas,  the  Federal  Government  of  the  United  States  of  America, 
has,  from  tim^to  time,  with  the  consent  of  this  State,  created  certain 
offices  of  profit  and  trust,  as  well  within  as  without  the  limits  of  this 
State  : 

And  whereas,  divers  persons,  as  well  citizens  of  this  State  as  others, 
have,  with  the  consent  of  this  State,  and  hf  the  appointment  of  the 
said  Federal  Government  of  the  United  States  of  Amei'ica,  undertaken 
the  execution  of  the  functions  of  the  said  offices,  and  become  bound  by 
official  oaths  and  heavy  penalties,  to  the  Federal  Government  aforesaid, 
for  the  performance  of  the  same  ;     » 

And  whereas,  the  sudden  arrest  of  the  functions  of  the  said  offices 
would  work  great  inconvenience  to  the  citizens  of  this  State,  and  griev- 
ous hardship  to  the  persons  bound  as  aforesaid ; 

Wherefore,  for  the  convenience  of  this  State  and  for  the  relief  of 
said  persons, 

Be  it  ordained,  and  hy  the  People  of  'the  State  of  South  Carolina,  in 
Convention  assembled,  it  is  ordained, 

That  all  persons  who  were  in  occupation  of  any  office  of  profit  or 
trust  under  the  Government  of  the  United  States  of  America,  immedi- 
ately previous  to  the  adoption  of  the  Ordinance  of  Secession,  shall  con- 
tinue to  exercise  the  functions  of  the  same,  in  like  manner  and  form 
precisely  as  before  the  adoption  of  said  Ordinance,  until  otherwise  or- 
dered. And  that  all  Laws  of  the  Federal  Government  of  the  United 
States  of  America,  •v^tich  shall  have  been  abrogated  by  virtue  of  said 
Ordinance,  are  hereby  declared  in  full  force  and  cfFect  for  the  purposes 
aforesaid,  and  no  other. 

And  be  it  further  ordained,  That  the  operation  of  this  Ordinance 
may  be,  at  any  time,  suspended  by  the  Governor  of  this  State,  at  his 
discretion.  And  that  the  General  Assembly  of  this  State  is  authorized 
and  empowered  to  repeal  the  same  whensoever  it  shall  be  by  them 
deemed  expedient. 

Mr.  Reed  offered  the  following  resolution,  which,  on  motion  of  Mr. 
Means,  was  ordered  to  lie  on  the  table :  • 

Resolved,  That  when  this  Convention  adjourns,  it  shall  be'  adjourned 
to  meet  on  Tuesday,  the  fifteenth  day  of  January  next,  at  twelve 
o'clock,  M. 

Mr.  Jolin  Izard   Middleton  offered   (he  following   resolutions,  which 

8 


58        JOURNAL  OF  THE  CONVENTION, 

■^ere  referred  to  the  Committee  oa  Commercial  Relations  and  Postal 
Arrangements  : 

Resolved,  That  until  the  General  Assembly  shall  otherwise  determine, 
all  goods,  wares  and  merchandize  imported  into  this  Commonwealth,  be 
subjected  to  a  rate  of  diAies  amounting  to  one-half  of  that  exacted  by 
the  late  Government  of  the  United  States,  excepting  all  goods,  wares 
and  merchandize  imported  from  any  of  the  slaveholding  States  of  this 
Continent,  at  amity  with  this  Commonwealth,  the  products  of  which 
shall  be  free  of  all  duties.  ♦ 

Resolved,  That  until  the  General  Assembly  shall  .otherwise  provide, 
duties  on  the  tonnage  of  all  vessels  resorting  to  the  ports  of  this  Com- 
monwealth, shall  be  at  the  rates  heretofore  exacted  by  the  late  Govern- 
ment of  the  United  States. 

On  motion  of  Mr.'  Mazyck,  the  following  resolution  was  taken  up  : 

Resolved,  That  a  Committee,  to  consist  of members,  be  ap- 
pointed, whose  duty  it  shall  be  to  inquire  and  report  to  this  Convention 
how  much  of  the  legislation  of  Congress  would  be  ipso  facto  abrogated, 
so  far  as  this  State  is  concerned,  by  the  secession  of  the  State  from  the 
Federal  Union,  and  how  much  of  it  might  remain  of  force,  notwith- 
standing the  act  of  secession. 

On  motion  of,  Mr.  Mazyck,  the  blank  was  filled  with  the  number 
thirteen,  and  the  resolution,  as  amended,  was  agreed  to. 

Mr.  John  Izard  Middletou  oifered  the  following  Ordinance,  which, 
on  motion  of  Mr.  Chesnut,  was  ordered  to  lie  on  the  table  : 

Be  it  ordained,  hy  the  People  *bf  the  State  of  South  Carolina,  now 
met  and  sitting  in   Convention, 

That  all  citizens  of  South  Carolina  in  the  naval  and  military  service 
of  the  United  States  who  have,  in  consequence  of  the  present  aspect  of 
political  affairs,  resigned  their  commissions,  or  who  may,  for  that  cause, 

resign  their  commissions  within  the  term  of months,  shall  be 

entitled  to  and  shall  be  placed  in  the  same  grade  in  the  service  of  the 
Commonwealth  of  South  Carolina,  with  that  which  they  relinquish,  and 
shall  receive,  respectively,  the  pay  and  emoluments  attached  to  their 
grade  in  the  late  United  States  service,  subject,  in  all  cases,  to  such 
enactments  in  relation  to  naval  and  military  affairs  as  may  be  passed  by 
the  General  Assembly. 


SATURDAY,  DECEMBER  22,  1860. 


59 


♦  Mr.  Barron,  from  the  Committee  appointed  to  count  the  ballots  cast 
on  the  third  ballot  for  Commissioners  to  the  Federal  Government  at 
Washington,  reported  that  Messrs.  James  H.  Adams  and  James  L.  Orr 
had  received  a  majority  of  the  ballots  cast.  Whereupon,  the  President 
announced  that  Messrs.  R.  W.  Barnwell,  James  H.  Adams,  and  James 
L.  Orr,  are  duly  elected  Ocmmissioners  to  the  Federal  Government  at 
Washington. 

On  motion  of  Mr.  Bobo,  the  Convention  was  adjourned  at  fite  min-r 
utes  past  ten  o'clock,  P.  M. 

B.  F.  ARTHUR, 
*■  Clerk  of  the   Convention. 


in 
no 


SATURDAY,  DECEMBER  22,  1860. 

At  the  houi  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
John  G.  Laudrum. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names  : 


Messrs.  Adams, 
Allison, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Buchftnan, 
Burnet, 


Messrs.  Cain, 

Caldwell, 

Calhoun, 

Campbell, 

Carn, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

Cheves, 

Clarke, 

Conner, 

Crawford, 

Curtis, 

Dargan, 

Davant, 


60 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Davis, 

DeSaussure, 

BeTreville, 

Dnncan, 

Dunkin, 

Dunovant,  A.  Q. 
•  Dunovant,  R.  G.  M. 

'  DuPre, 

Easley, 

Ellis, 

English, 

Evans, 

P'air, 

Finley, 

Flud, 
►  Forster, 

Foster, 

FraniptoD, 

Furman, 

Gadberry, 

Garlingtou, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N- 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 

Haiunioad, 

Hanckel, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

h  opkins. 

Hunter, 

HutsoD, 


Messrs.  Ingli^, 
Ingrain, 
Jackson, 
Jeffries, 
Jenkins,  John 
ffenkins,  J.  E. 
Johnson, 
Keitt,  . 
Kershaw, 
Kilgore, 
Kinara, 
Kinsler, 
Landium, 
Lawton, 
Lewis, 
Logan, 
Lyles, 

McCrady,    - 
M  elver, 
McKee, 
McLeod, 
Magrath, 
Manigault; 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 
Means, 
Memminger, 
Middleton,  J.  L 
Middlcton,  W. 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 


SATURDAY,  DECEMBER  22,  1860. 


61 


Messrs.  Parker, 
Perrin, 
Pope, 
Porch  cr, 
Prcsslcy, 
Quattlebaum, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
RobinsoQ, 
Rowell, 
Rutledgc, 
Scott, 

Seabrook,  E.  M. 
Seabrook,  G.  W.,  Sr. 
Sessions, 
Shingler,  J.  M. 
Shingle^  W.  P. 
Simons, 
Simpson, 
Sims, 
Smith, 


Messrs.  Smyly, 

Snowden, 

Spain, 

Spratt, 


Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Towusend, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Whitner, 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W;  B. 

Withers, 

Woods, 

Younjj. 


The  journal  .of  yesterday's  proceedings  was  read. 

The  President  announced  the  following  gentlemen  as  the  Committee 
to  inquire  how  much  of  the  legislation  of  Congress  would  be  abrogated 
by  the  secession  of  the  State  from  the  Federal  Union  : 

Messrs.  Alexander  Mazyck, 
H.  C.  Davis, 
B.  B.  Foster, 
T.  M.  Hanckel, 
B.  F.  Kilgore, 
J.  Maxwell, 
R.  Moorman, 
J.  S.  Palmer, 
W.  P.  Shingler, 
A.  B.  Springs, 


62  JOURNAL  OF  THE  CONVENTION, 

Messrs.  J.  Tompkins, 
S.  liobo, 
II.  I.  Caughman. 

The  President  laid  before  the  Conveutiou  tlie  following  coranmnica- 
tion : 

Charleston,  December  21,  1860. 
Hpnorahh  the  President  and  Delegates 

of  the  Commomoealth  of  South  Carolina  : 
Gentlemen  :  The  Commissioners  of  the  Orphan  House  have  in- 
structed me  to  invite  you  to  visit  the  Institution  of  the  Orphan  House 
in  this  city,  whenever  it  may  suit  your  convenience  to  do  so,  individu- 
ally or  as  a  body. 

The  House  will  be  at  all  times  open  for  your  inspection. 
KespcctfuUy, 
^  H.  A.  DeSAUSSURE, 

Chairman  of  Commissioners  of  Orphan  House. 

On  motion,  the  communication  was  received  as  information,  and  the 
invitation  was  accepted. 

Mr.  Means  offered  the  following  resolution,  whic*  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  th(j  Commissioners  to  the  Federal  Government  at 
Washington  be  authorized  to  appoint  a  Secretary,  if  necessary. 

Mr.  Gadberry  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Constitution, 
to  inquire  whether  the  powers  heretofore  delegated  to  the  Federal  Gov- 
ernment by  this  State,  and  resumed  by  the  Ordinance  of  Secession, 
may  not  be  properly  bestowed  upon  the  Legislature  of  this  State ;  and 
if  so,  to  report  to  this  Convention  an  Ordinance  for  that  purpose. 

Mr.  DeSaussure,  from  the  Committee  on  the  Address  to  the  People 
of  the  Southern  States,  made  a  report  on  the  Address  of  a  portion  of 
the  members  of*  the  General  Assembly  of  Georgia ;  which,  on  motion 
of  Mr.  Withers,  was  ordered  to  lie  on  the  table,  and  to  be  printed. 

Mr.  Miles  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 


SATURDAY,  DECEMBER  22,  1860.  63 

Resolved,  That  the  traveliug  expenses  of  our  Commissioners  to  Wash- 
ington be  paid,  and  that  they  receive  ten  dollars  each,  per  diem,  for 
their  personal  expenses,  during  the  time  they  may  be  employed  in  the 
discnarge  of  the  duties  of  their  mission. 

Mr.  Hayne  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  :  ^ 

■Resolifrd,  That  the  resolution,  adopted  in  secret  session,  for  the 
appointment  of  Commissioners  to  the  Government  of  the  United  States, 
be  committed  to  C.  D.  Melton,  Esq.,  one  of  the  Solicitors  of  the  State, 
for  the  purpose  of  preparing  commissions  for  the  Commissioners  elected 
by  this  body — the  said  C.  D.  Mel  ton  being  first  sworn  to  secrecy. 

Mr.  Simons  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  there  be  added  to  the  Standing  Committees  of  this 
Convention  an  Engrossing  Committee,  to  consist  of  three  members,  to 
be  appointed  by  the  President. 

Mr.  Miles  offered  the  following  resolution,  which  was  considered  imme- 
diately, and  was  agreed  to  : 

Resolved,  That  the  injunction  of  secrecy  be  removed  as  to  yesterday's 
proceedings,  and  that  the  report  of  the  Committee  on  Foreign  Relations 
be  printed  with  the  journal  of  this  day. 

On  motion  of  Mr.  Magrath,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  Magrath,  from  the  Committee  to  whom  had  been  referred  so 
much  of  the  message  of  the  President  of  the  United  States  as  relates 
to  the  property  of  the  United'States  within  the  limits  of  South  Carolina, 
made  the  following 

REPORT : 

The  Committee  to  whom  was  referred  s5  much  of  the  message  of  the 
I'rcsidcnt  of  the  United  States  as  rolntos  to  the  property  of  the  United 
States,  within  the  limits  of  South  Carolina,  ask  leave  to  report,  that  the 
several  matters  embraced  in  the  resolution,  will  require,  necessarily,  some 
delay  in  obtaining  the  information  proper  for  the  Convention.     From 


64  JOURNAL  OF  THE  "CONVENTION, 

Mr.  Colcock,  who  filled  the  office  of  Collector  at  the  port  of  Charleston, 
they  have  received  all  the  information  which  they  desired  in  rtlation  to 
that  portion  of  the  property  of  the  United  States,  within  the  limits  of 
this  State,  which  was  under  his  control.  This  information  is  embraced 
in  a  paper  annexed  to  this  report.  In  addition  to  it,  Mr.  Colcock  has 
kindly  furnished  information  of  the  Light  Houses  within  this  Collection 
District,  which  will  also  be  found  in  a  paper  annexed  to  this  report. 

From  thig  information  which  this  Committee  has  receive^l,  it  can 
further  report,  that  in  the  waters  of  South  Carolina,  are  two  forts : 
one  known  as  Fort  Sumter,  the  other  known  as  Castle  Pinckney. 
Within  the  limits  of  the  State,  situate  on  Moultrieville,  is  another  fort, 
known  as  Fort  Moultrie ;  and  within  the  corporate  limits  of  the  City  of 
Charleston,  is  the  Arsenal,  own.ed  by  the  United  States,  and  used  as  a 
depot  for  arms,  ammunition  and  equipment. 

The  purposes  for  which  these  places,  last  referred  to,  were  acquired, 
this  Committee  can  only  undertake  to  report,  when,  from  the  grants, 
deeds  or  other  modes  in  which  they  have  been  obtained,  a  recital  of 
the  same  will  serve  the  purpose  of  affording  exact  information. 

A  further  direction  to  the  Committee  was  to  enquire  and  report, 
whether  the  continued  possession  of  these  places,  now  referred  to,  after 
the  secession  of  the  State,  is,  or  not,  consistent  with  its  safety  and 
honor. 

In  the  opinion  of  the  Committee,  such  possession,  by  the  United 
States,  is  not  consistent  either  with  the  honor  or  safety  of  the  State. 

While  the  State  of  South  Carolina  was  one  of  the  Confederation 
known  as  the  United  States,  the  purpose  of  the  three  forts  was,  under 
the  orders  of  the  General  Government  of  the  United  States,  and  in  the 
discharge  of  its  obligation  to  provide  for  the  common  defence,  to  repel 
invasion.  An  attack  upon  South  Carolina  was  an  attack  upon  the 
United  States. 

But  no  purpose  of  common  defence  can  now  be  urged  for  the  reten- 
tion of  that  possession  of  these  places,  which  the  General  Government 
has  heretofore  enjoyed.  The  obligation  of  a  common  defence  no 
longer  binds  the  State  of  South  Carolina  to  the  surrender  of  her  soil, 
the  control  of  her  waters,  pv  the  possession  of  places  within  her  terri- 
torial limits,  and  in  which  ucither  the  process  of  her  Courts,  nor  the 
laws  she  enacts,  will  be  permitted  to  operate. 

Regarding,  therefore,  the  possession  of  these  forts  by  the  General 
Government  of  the  United  States,  as  no  longer  required  by  a  regard  for 
the  common  defence  of  the  United  States;  and  that,  in  the  separate 


SATURDAY,  DECEMBER  22,  1860.  05 

aud  independeat  condition  of  South  Carolina,  such  possession  would 
indicate 'the  assertion  of  aright  to  control,  within  the  limits  of  the 
State,  by  a  power  now,  in  all  its  relations,  foreign;  and  that  such  pos- 
session by  the  Government  of  the  United  States,  under  sjich  circum- 
stances, would  be  inconsistent  with  the  safety  and  honor  of  the  State, 
the  Comjnittee  recommend  the  adoption  of  the  following  resolution  : 

Resolved,  That  Fort  IMoultrie,  Fort  Sumter,  Castle  Pinckney,  and 
the  land  and  buildings  within  the  limits  of  the  City  of  Charleston, 
known  as  the  Arsenal,  should  be  subject  to  the  authority  and  control  of 
the  State  of  South  Carolina,  aud  that  the  possession  of  the  said  forts 
and  arsenal  should  be  restored  to  the  State  of  South  Carolina. 

On  motion  of  Mr.  Magrath,  the  report  was  prdered  to  lie  on  the 
table ;  and  the  resolution  was  taken  up  for  consideration. 

Mr.  A.  H.  Brown  offered  the  following  amendment,  as  an  additional 
clause  : 

"  And  that  the  Commissioners  be  further  instructed  to  declare  that 
South  Carolina  will  not  regard  with  indifference  any  attempt  on  the 
part  of  the  Federal  Government  further  to  fortify  or  garrison  the  forts 
located  within  its  limits." 

Mr.  Hutson  offered  the  following  amendment : 

"  All  the  land  within  the  limits  of  the  State  of  South  Carolina,  now 
in  the  actual  or  constructive  possession  of  the  United  States." 

Mr.  offered  the  following  amendment : 

Resolved,  That  our  Commissioners  to  Washington  should  demand  the 
speedy  delivery  to  the  State  of  South  Carolina  of  the  ungarrisoned  for- 
tifications— Castle  Pinckney  and  Fort  Sumter — as  essential  to  the 
security  of  Charleston;  consistent  with  the  dignity  of  the  State,  and  as 
the  most  effectual  means  of  preserving  peace  and  amity  between  this 
Commonwealth  and  the  Government  at  Washington. 

Resolved,  That  they  should  demand  the  withdrawal  of  the  United 
States  troops,  now  in  Fort  Moultrie,  at  the  earliest  practicable  period, 
and  the  delivery  of  that  fort  immediately  thereafter  to  the  authorities 
of  South  Carolina. 

Resohed,  That  the  Commis^oners  should  not  await  an  answer  to 

these  demands  longer  than  the day  of  January,  1861 — but  upon 

9 


66        JOURNAL  OF  THE  CONVENTION,  . 

the  expiration  of  the  above  period,  or  in  case  of  refusal  of  the  above 
demands,  or  refusal  to  receive  or  treat  with  the  Commissioners,  that  the 
said  Commissioners  return  immediately  home  and  report  the  result  of 
their  missioa  to  this  Conventiofl. 

Resolved,  That  upon  the  acquiescence  of  the  Government  at 
Washington,  in  the  above  mentioned  demands,  and  the  receipt  of  in- 
telligence from  the  Governor  of  South  Carolina  that  Fort  Sumter  and 
Castle  Pinckney  are  in  the  possession  of  the  authorities  of  the  State, 
that  the  Commissioners  do  then,  and  not  before,  proceed  to  treat  and 
negotiate  touching  all  other  matters  and  things  committed  to  them  by 
the  resolution  of  the  Convention  creating  the  Commission. 

Mr.  D.  L.  Wardlaw  offered  the  following  .resolution  as  an  additional 
clause  to  the  resolution  reported  by  the  Committee:  -J^M 

Resolved,  That  our  Commissioners,  being  fully  possessed  of  this  reso- 
lution, and  of  the  opinions  of  this  Convention  in  reference  to  troops  in 
the  harbor  of  Charleston,  be  left  to  the  exercise  of  their  sound  discre- 
tion in  negotiating  with  the  United  States. 

Mr.  Cheves  offered  the  following  amendment : 

Resolved,  That  it  is  the  se.nse  of  this  Convention  that  it  is  not  con- 
sistent with  the  dignity  of  this  State  that  her  Commissioners  should 
remain  at  Washington  later  than  the  fifteenth  day  of  January  next, 
unless  before  that  time  Fort  Sumter  and  Castle  Pinckney  shall  have 
been  restored  to  the  authorities  of  this  State. 

Mr.  F.  D.  Richardson  offered  the  following  amendment : 

1.  Resolved,  That  it  is  the  opinion  of  this  Convention  that  the  gar- 
risoning of  Fort  Sumter  and  Castle  Pinckney,  or  the  further  mounting 
of  guns  on  either  fortification,  must  be  regarded,  at  this  time,  as  an 
overt  act  of  hostility. 

2.  Resolved,  That  the  Governor  of  this  State  be  requested  to  exer- 
cise the  utmost  vigilance  and  use  every  means  at  his  command,  to  inter- 
cept and  prevent  the  garrisoning  of  said  fortresses  or  mounting  of  guns 
thereon. 

3.  Resolved,  That  the  Governor  be  requested  to  ascertain,  if  it  be 
practicable,  and  report  to  this  Convention,  whether  any  and  what 
changes  have  been  recently  mad^  in  all  the  fortifications  in, the  harbor 


SATURDAY,  DECEMBER  22,  1860.        67 

of  Charleston,  and  -whether  the  work  of  fortifying  them  is  still   pro- 
gressing. 

On  motion,  all  the  aiiicndmcnts  proposed  were  ordered  to  lie  on  the 
table;  and  the  resolution  reported  by  the  Committee  was  agreed  to. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  made  a  report,  and  reported  an  Ordinance  to 
make  provisional  Postal  Arrangements  in  South  Carolina;  which  was 
considered  immediately,  was  agreed  to,  was  ordered  to  be  engrossed, 
and  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Duukiu,  the  injunction  of  secrecy  was  removed  in 
relation  to  the  action  of  the  Convention^  on  the  Ordinance  to  make  pro- 
visional Postal  Arrangements  in  South  Carolina.    » 
'Mr.  Dunkin  presented  the  following 

REPORT : 

The  Copamittce  on  Commercial  Relations  and  Postal  Arrangements 
beg  leave  to  report,  that  they  have  considered  the  various  matters  re- 
ferred to  them,  in  relation  to  the  Customs,  and  the  officers  charged 
with  the  collection  of  the  same,  and  other  officers  or  agents  in  any 
manner  connected  with  the  same,  and  they  submit  an  Ordinance  for  a 
provisional  arrangement  thereof. 

The  Committee,  regarding  the  Ordinance  now  submitted  as  merely 
provisional,  bave  not  deemed  it  expedient  or  necessary,  at  this  time,  to 
provide  for  the  contingency,  that  an  Act  of  Congress  may  hereafter  be 
passed,  imposing  duties  on  goods,  wares  and  merchandize  passing  into 
any  of  the  United  States  from  this  State. 

AN  ORDINANCE 

To  provide  for  the  continuance  of  Commercial  facilities  in  South  Caro- 
lina : 

We,  the  People  of  South  Carolina,  in  Convention  assembled,  do 
declare  arid  ordain,  and  it  is  htrehy  declaYed  and  ordained, 

That  all  citizens  of  this  State,  now  holding  office,  connected  witb 
the  Customs,  under  the  Government  of  the  United  States,  within  the 
limits  of  South  Carolina,  be,  and  they  are  hereby,  appointed  to  bold, 
under  the  Government  of  this  State,  the  same  offices  they  now  fill, 
until  otherwise  directed,  and  to  receive  the  same  pay  and  emoluments 
for  their  services. 


68        JOURNAL  OF  THE  CONVENTION, 

And  it  is  further  ordained,  That  in  case  of  the  resignation  of  either 
of  them,  the  Governor  is  empowered  to  supply  the  vacancy ;  and  such 
officers  are  hereby  authorized,  until  otherwise  instructed,  to  collect 
duties  on  imports  at  the  rates  now  existing  in  the  United  States  of 
North  America  ;  and  they  are  hereby  directed  to  hold  the  same,  sub- 
ject to  the  further  action  of  this  body;  saving  and  excepting,  however, 
that  no  duties  shall  be  collected  upon  goods,  wares,  merchandize .  and 
products  imported  direct  from  any  of  the  States  forming  the  late  Fed- 
eral Union,  known  as  the  United  States  of  North  America. 

And  he  it  further  ordained,  That  the  officers  aforesaid  shall  retain  in 
their  hands  all  property  of  the  United  States  in  their  possession,  cus- 
tody and  control,  subject  to  the  disposal  of  this  State,  who  will  account 
for  the  same,  upon  a  final  settlement  with  the  Government  of  the 
United  States. 

Mr.  Wagner  presented  the  following 

EEPORT: 

The  undersigned,  the  Minority  of  the  Committee  on  Commercial 
Relations  and  Postal  Arrangements,  feel  constrained  to  differ  from  the 
views  expressed  by  the  majority,  and  beg  leave  to  recommend  for  the 
consideration  of  the  Convention  the  following  Ordinance. 

(Signed)  "    THEODORE  D.  WAGNER, 

JOHN  JENKINS^ 

AN  ORDINANCE 

To   provide  for   the  continuance  of  Commercial   Relations  in  South 

Carolina : 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 

That  until  otherwise  provided  for  by  the  General  Assembly,  the 
importation  of- merchandize  into  this  State  shall  be  free  and  unre- 
stricted ;  and  it  shall  be  the  duty  of  the  Governor  to  make  such  tem- 
porary regulations  as  may  be  requisite  concerning  the  entry  and 
clearance  of  vessels,  and  to  appoint  such  officers  as  may  be  needed  for 
the  purpose;  and  it  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide proper  compensation  for  all  officers  whose  appointment  is  required 
by  this  Ordinance. 


SATURDAY,  DECEMBER  22,  1860.        69 

On  motion  of  Mr.  Pope,  the  Majority  and  Minority  Reports,  together 
with  the  Ordinances  recommended,  werd  made  the  special  order  of  the 
day  for  Monday  next,  at  one  o'clock,  P.  M.,  and  were  ordered  to  he 
printed. 

On  motion  of  Mr.  Miles,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  on  Monday  next,  at  twelve  o'clock,  M. 

On  motion  of  Mr.  Miles,  the  Convention  was  adjourned. 

B.  F.  ARTHUR, 

Clerk  of  the  Convenf.ion. 


70  JOURNAL  OF  THE  CONVENTION, 

REPORT  OF  THE  COMMITTEE  ON  FOREIGN  RELATIONS. 


The  Committee  on  Foreign  Relations,  to  whom  was  referred  certain 
resolutions  touching  the  appointment  of  Commissioners,  to  treat  with 
the  United  States  concerning  the  property  of  the  latter  in  South  Caro- 
lina, and  other  matters,  beg  leave  respectfully  to 

REPORT: 

That  they  have  duly  considered  the  subjects  submitted  to  them,  and 
recommend  the  immediate  adoption  of  the  following  resolution  : 

Resolved,  That  three  Commissioners,  to  be  elected  by  ballot  of  this 
Convention,  be  directed  forthwith  to  proceed  to  Washington,  author- 
ized and  empowered  -to  treat  with  the  Government  of  the  United 
States  for  the  delivery  of  the  Forts,  Magazines,  Light-Houses,  and 
other  real  estate,  with  their  appurtenances,  within  the  limits  of  South 
Carolina,  and  also  for  an  apportionment  of  the  public  debt,  and  for  a 
division  of  all  other  property,  held  by  the  Government  of  the  United 
States,  as  agent  of  the  Confederated  States,  of  which  South  Carolina 
was  recently  a  member.;  and,  generally,  to  negotiate  as  to  all  other 
measures  and  arrangements  proper  to'  be  made  and  adopted,  in  the 
existing  relation  of  the  parties,  and  for  the  continuance  of  peace  and 
amity  between  this  Commonwealth  and  the  Government  at  Washing- 
ton. 

All  of  which  is  respectfully  submitted, 

WM.  PORCHER  MILES,   Chairman. 


MONDAY,  DECEMBER  24,  1860. 


71 


MONDAY,  DECEMBER  24,  18G0. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  grayer  by  Rev. 
J.  M.  Tiunuons. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Allison, 

Messrs.  DeTreville, 

Atkinson, 

Dunkin, 

Aycr, 

Dunovant,  R.  G.  M 

Barron, 

DuPre, 

Barton, 

Easley, 

Beaty, 

Ellis, 

Bellinger, 

English, 

Bcthea, 

Evans, 

Bobo, 

Fair, 

Bonneau, 

Finley, 

Brabham, 

Flud, 

Brown,  A.   H.  at8 

Forster, 

Brown,  C.  P. 

Foster, 

Burnet, 

Frampton, 

Cain, 

Furman, 

Caldwell, 

Gadberry, 

Calhoun, 

Garlington, 

Campbell, 

Geiger, 

Carn, 

Gist, 

Carroll, 

Glover, 

Caughman, 

Goodwin, 

Cauthen, 

Gourdin,  R.  N. 

Charles, 

Gourdin,  T.  L. 

Chcsnut, 

*      Gregg,   William 

Chcvcs, 

Grisham, 

Clarke, 

Hammond, 

Conner, 

Hanckel, 

Crawford, 

IJhrllee, 

Dargan, 

Harrison, 

Davis, 

Hayne, 

DeSaussure, 

Henderson, 

72 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Honour, 
Hopkins, 
Hunter, 
Hutson, 
Inglis, . 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrum, 
Lawton, 
Lewis, 
Logan, 
Lyles, 
Mclver, 
McKee, 
McLeod, 
Magrath, 
Manning, 
Mauldin, 
Maxwell, 
Mazyck, 
Means, 
Mcmminger, 
Middleton,  John  Izard 
Middleton,  Williams' 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Palmer, 
Parker, 


Messrs.  Perrin, 
Pope, 
Porcher, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhett, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Robinson, 
Rowell, 
Rutledge, 
Scott, 

Seabrook,  G.  W.,  Sr. 
Sessions, 
Shingler,  W.  P. 
Simpson, 
Sims, 
Smith, 
■     >3myly, 
Snowden, 
Spain, 
Spratt, 
Springs, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wanuamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H.  • 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 


MONDAY,  DECEMBER  24,  1860.  7^ 

Messrs.  Withers,  Young. 

'  Woods,  • 

The. journal  of  Saturday's  proceedings  was  read. 
The  President  announced   the   following  as  the    Engrossing  Com- 
mittee : 

Messrs.  T.  Y.  Simons, 
S.  Fair, 
H.  Mclver. 

Mr.  Lyles  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  the  Honorable  M.  S.  Perry,  Governor  of  the  State 
of  Florida,  now  in  the  City  of  Charleston,  be,  and  ho  is  hereby,  invited 
to  a  scat  on  the  floor  of  the  Convention. 

Mr.  DeSaussure  presented  the  account  of  E.  R..  Stokes,  for  putting 
the  Baptist  Church  in  Columbia  in  condition  for  receiving  the  Conven- 
tion ;  which,  on  motion  of  Mr.  Maxcy  Gregg,  was  ordered  to  lie  on  the 
table. 

iMr.  Quattlebauni  offered  the  following  resojufeions,  which  were  con- 
sidered immediately,  and  were  agreed  to  : 

Resolved,  That  the  accounts  of  the  Printers  for  this  Convention  be 
audited  by  the  Comptroller  General,  allowing  them  the  rates  designated 
in  the  resulution  conferring  upon  them  their  appointment;  and  that 
the  said  accounts,  when  so  audited,  be  paid  by  the  Treasui-er  of  the 
Lower  Division. 

Resolved,  That  immediately  after  the  Convention  shall  have  termin- 
ated its  pr%sent  session  in  Charleston,  the  several  Ordinances  adopted 
by  it,  together  with  the  journal  of  its  public  proceedings,  be  printed 
in  pamphlet  form ;  and  that  five  hundred  copies  be  struck  off",  for  the 
use  of  the  Convention,  to  be  disposed  of  under  the  direction  of  the 
President. 

jMr.  Presslej  ofiFered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Rrmlvcd,  That  i^  Committee  on  Accounts,  tp  consist  of  five  members, 
be  appointed  by  the  President. 
10 


74        JOURNAL  OP  THE  CONVENTION, 

Mr.  Caugliman  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  referred  to  the  Comntittee  on  Printing : 

Resolved,  That  copies  of  the  Ordinance  of  Secession  and 

the  signatures  thereto,  be  photographed  for  the  use  of  the  members  of 
the  Convention.  • 

» 

Mr.  Magrath  offered  the  following  Ordinance,  which  was  considered 

immediately,  and  was  referred  to  the  Committee  on  the  Constitution  of 
the  State,  and  was  ordered  to  be  printed  : 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained, 

That  until  otherwise  provided  for  by  the  G-eneral  Assembly  of  the 
State  of  South  Carolina,  the  Judges  of  the  Courts  of  Law  in  this  State 
shall  have  and  take  cognizance  of  all  cases  of  admiralty  and  maritime 
jurisdiction.  And  that  the  said  Judges  shall  further  have  jurisdiction 
of  all  offences  under  the  laws  of  the  United  States  relating  to  the 
Post  Office  Department,  the  Public  Customs,  Seamen,  and  offences  upon 
the  high  seas.  That  the  laws  of  the  United  States,  which  were  in 
operation  at  the  time  of  the  secession  of  this  State,  in  relation  to  these 
several  offences,  be  and  are  hereby  retained  as  parts  of  the  laws  of  this 
.  State,  until  otherwise  provided  for  by  the  General  Assembly  of  the 
State ;  saving  and  excepting  therefrom  so  much  as  relates  to  the  Courts 
•  in  which  such  offences  shall  be  tried.  That  the  said  Judges  shall  have 
power  to  appoint  such  officers  under  them  as  may  be  necessary  for  the 
proper  discharge  of  the  duties  herein  provided.  And  that  in  such 
.cases  as  have  been  tried  by  a  jury,  the  trial  shall  be  by  a  jury  accord- 
ing to  the  mode  of  force  in  this  State  in  relation  thereto.  And  in 
cases  in  the  admiralty  and  maritime  jurisdiction,  in  which  the  trial  by 
jury  has  not  been  established,  the  forms  and  modes  of  proceeding  shall 
be  such  as  have  been  heretofore  in  use  in  Courts  within  this  State, 
having  cognizance  of  such  cases. 

On  motion  of  Mr.  D.  L.  Wardlaw,  Mr.  Magrath  was  added  to  the 
Committee  on  the  Constitution  of  the  State. 

On  motion  of  Mr.  Rhett,  the  Convention  proceeded  to  the  consider- 
ation of  the  Address  of  the   People  of  South  Carolina,  assembled  in 
Convention,  to  the  People  of  the  Slaveholding  States  of  the  United 
'   States. 


MONDAY,  DECEMBER  24,  18G0. 


76 


Mr.  Dargan  moved  tliat  tlie  Address,  together  with  the  Declaration 
of  the  Causes  which  justify  the  secession  of  South  Carolina  from  the 
Federal  Union,  be  recommitted  to  a  Special  Committee,  to  be  composed 
of  the  Committee  on  the  Address,  and  the  Committee  on  the  Declara- 
tion ;  which  motion  was  not  agreed  to. 


SPECIAL   ORDER. 

On  motion  of  Mr.  Dunkin,  the  Convention  proceeded  to  the  consid- 
eration of  the  Report  of  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  and  the  -Report  of  the  Minority  of  the  same 
Committee ;  which  had  been  made  the  special  order  of  the  day  for  this 
day,  at  one  o'clock,  P.  M. 

On  motion  of  Mr.  Ilarllee,  the  special  order  was  discharged  for 
thirty  minutes. 

The  Convention  resumed  the  consideration  of  the  Address  to  the 
People  of  the  Slaveholding  States. 

After  some  time  passed  in  the  consideration  thereof,  the  Address  was 
adopted. 

The  Convention  proceeded  to  the  consideration  of  the  Declaration  of 
the  Causes  which  justify  the  secession  of  South  Carolina  from  the  Fed- 
eral Unioh. 

Mr.  Maxcy  Gregg  moved  that  the  Declaration  be  ordered  to  lie  on 
the  table;  and  the  question  being  put,  will  the  Convention  agree  there- 
to ?  it  was  decided  in  the  negative  : 

Yeas,  31 ;  nays,  124, 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  afl&rmative,  are 


Messrs.  Atkinson, 
Ayer, 
Bonneau, 
Burnet, 
Cain, 
Calhoun, 
Carroll, 
Davis, 
DeSaussure, 
DuPrc, 
•Klud, 


Messrs.  Furman, 
Gist, 

Gourdin,  T.  L. 
Gregg,  Maxcy 
Kilgore, 
Kinsler, 
Logan, 
Lyles, 
Manigault, 
Maxwell, 
Mazyck, 


76 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Nobic, 
Palmer, 
I'arkcr, 
Smith, 
Snowden,* 


Xiinuions, 
Ti'iiipkins, 
Wilson,  J.  U- 


Those  who  voted  in  the  negative,  are 

Hon.  I).  F.  Jamison,  President;  and 
Messrs.  Allison,  Messrs.  Fair, 


Hirmn. 

Bejity, 

li'llin^er, 

Bubo, 

]IrJ.|,:>n,. 

IW   «M..  A.  H. 

Brown,  C.  P. 

Caldwell, 

Campbell, 

Carn, 

Cairphman, 

Cauthen, 

Ciiarlcs, 

Chciiuut, 

ChcTcs, 

ClnrVe, 

Conner, 

Crawford, 

CurlJH, 

Dargan, 

DeTreville, 

Duncan, 

Duukin, 

Dunovnnt,  A.  Q. 

Dunovant,  K.  G.  M. 

Easley, 

Ellis, 

Evuus, 


Finley, 

Forster, 

Foster, 

Frampton, 

Gadberry, 

Garlington,   ► 

Gciger, 

Glover. 

Goodwin, 

Gobrdin,  R.  N. 

Gregg,  William 

Grisliam, 

llauiniond, 

Ilnnckel, 

Ilarllce, 

Harrison, 

Hayne, 

liendorson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

iDglis, 

Ingram, 

Jackstju, 

Jcfferiefl. 

Jenkinc,  J.    E. 

Jenkins,  John 

JuluLSOU, 

Kcitt, 


MONDAY,  DECEMBER  24,  1860. 


77 


Messrs.  Kershaw, 

Kinard,  .      « 

Land  rum, 
LawtOQ, 
Lewi.s, 
McCrady, 
Mclver, 
McKee, 
McLeod, 
♦  Magrath' 
Manninjr, 
Mauldin, 
Means, 
Meiiiuiinger, 
Middletou,  John  Tzard 
MiddletOD,  Williams.    . 
Miles, 
Moore, 
Moorman, 
NcTwei!, 
O'Hear, 
Perrin, 
Pope, 
Porchcr, 
Presslfy, 
Quattlebaum, 
Eainey, 
Pteed , 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 


Messrs.  Robinson, 
Rowell, 
Rutlcdge, 
Scott, 

Seabrook,  E.  M. 
Seabrook,  G.  W.,  Sr., 
Sessions, 
Shingler,  J.  M. 
SiuioDS, 
Simpson, 
Sims, 
Smyly, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
T«.  wnscnd, 
Wagner, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  II. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D.       • 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


So  the  motion  was  not  agreed  to. 

After  sundry  amendments,  the  Declaration  was  adopted,  and  was 
committed  to  the  lilngrossing  Committee. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Congtitution  of  the 
State,  made  a  report,  and  reported  "an  Ordinance  to  alter  the  ConBti- 
tution  of  the  State  of  South  Carolina,  in  respect  (o  the  Executive 
Department;  "  which  was  ordered  for  consideration  to-morrow,  and  to 
•be  printed. 


78        JOURNAL  OF  THE  CONVENTION, 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,  reported  an  Ordinance  to  alter  th(f  Constitution  of  the  State  of 
South  Carolina,  by  sirikinjr  out  certain  words  in  sundry  places;  which 
was  ordered  f„r  con^<ideration  to-morrow,  and  to  be  printed. 

On  motion  of  Mr.  E.  M.  Srtibrook,  leave  of  absence  for  a  few  days 
was  granted  to  Mr.  Davant,  on  account  of  sickness. 

On  motion  of  Mr.  Cheves,  business  was  suspended  at  twenty-five 
minutes  past  four  o'clock,  P.  M.,  until  seven  o'clock,  P.  M. 

RECESS.      .  .    ' 

When  the  President  resumed  the  chair, 

On  motion  of  Mr.  Dunkin,  an  Ordinance  to  make  provisional  Postal 
Arrangements  in  South  Carolina,  was  committed  to  the  Engrossing 
Committee. 

On  motion  of  Mr.  Dunkin,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  proceeded  to  the  consideration  of  the  Report  of  the 
Majority,  and  the  Report  of  the  Minority,  of  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements,  io  relation  to  the  Customs; 
and  pending  the  consideration  thereof,  the  Convention  was  adjourned 
to' meet  to-morrow,  at  eleven  o'clock,  A.  M. 

B.  F.  ARTHUR, 

Clerk  of  thm  Convention. 


TUESDAY,  DECEMBER   25,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chnir,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
John  J.  Wannamukcr. 

The  Clerk-  called  the  roll,  and  tlic  following  Delegates  answered  to 
their  names : 

ej5     rs.  Allison,  Mci^srs.  Barron, 

Atkinson,  Barton, 

Ayer,  Beaty, 


TUESDAY,  DECEMBER  25,  1860. 


Messrs.  Bellinger, 
•  Bethea, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A,  H. 
Brown,  C  P. 
Burnet,  ■ 
.     .        Cain, 

■  Caldwell, 
Calhoun, 
Cam, 
Carroll, 
CautihuLian, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 

Clarke,  * 

Conner, 
Crawford, 
Curtis, 
Dargan, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 
Dunovant,  A.  Q. 

Dunovant,  R.  G.  M. 

DuPre, 

Ellis,    . 

Evans, 

Fair, 
,  Finley, 

Flud, 

Forstcr, 

Foster, 

Fraiupton, 

Furuian, 


Messrs.  Gadberry, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,R.  N. 
Gourdin,  T.  L. 
Gregg,  Maxcy 
Gregg,  William 
Grishara,    . 
Hammond, 
Hanckel, 
Ilarllec, 
Harrison, 
Hayne, 
Honour, 
Hopkins, 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
■  Kilgorc, 
Kinard, 
Kiusler, 
Landrum, 
Law  ton, 
Lewis, 
Logan, 
Lyles, 
M  elver, 
McKee, 
McLeod, 
.Manigault, 


80 


JOURNAL  OF  THE  CONVEXTION, 


Messrs.  Manning, 
Mauldin, 
Maxwell, 
•  Mazjck, 
Means, 
Memniinger, 


Middlcton,  John  Izard 

Middleton,  Williams. 

Miles, 

Moore, 

Muorman, 

Noble, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Porch  cr, 

Pressley, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

RowcU, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Setibrook,  G.  W.,  Sr. 


Messrs.  Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 

Sims, 

Smith, 

Smyly, . 

Snowdea, 

Spain,   . 

Spratt, 

Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

"Wajruer, 

Wanuamaker, 

Wartllaw,  D.  L. 

Ward  law,  F.  H. 

Watts, 

Whitner, 

Wier, 
• 

Williams, 
Wilson,  I.  D.       . 
Wil-son,  J.  II. 
Wilson,  W.  B. 
Withers, 
Woods, 
Youujr. 


The  journal  of  yesterday's  proceedings  was  read. 

Mr.  Withers  presented  the  report  of  the  Committee  on  Relations  with 
the  Slaveholding  States  of  North  America,  on  the  various  resolutions 
referred  to  them  ;  which,  on  motion  of  Mr.  Smith,  was  made  the  special 
order  of  the  day  for  to-morrow,  at  one  o'clock,  P.  M.,  and  was  ordered 
to  be  printed.  • 

On  motion  of  Mr.  F.  II.  ^'ardluw,  leave  of  absence  from  and  after 


TUESDAY,  DECEMBER  25,  1860.  81 

to-morrow,  until  Mopday  next,  was  granted  to  Mr.  William  Gregg,  on 
account  of  important  business. 

The  President  presented  to  the  Convention  the  following  communi- 
cation, which  was  ordered  to  bj  entered  on  the  journal,  and  to  be 
printed : 

Charleston,  Decembel:  24,  ]860. 
To  the  President  and  Delegates  of  the   Convention 

of  the  Independent  State  of  Soiith   Carolina  : 

Gentlemen:  I  have  this  moment  been  informed  that  you  did  me 
the  honor,  by  resolution,  to  invite  me  to  a  scat  on  the  floor  of  the  Con- 
vention. I  am  wanting  in  language,  gentlemen,  ac^equately  to  express 
the  feelings  this  very  unexpected  courtesy  :it  your  hands  has  given  rise 
to.  In  the  whole  course  of  life,  now  nearing  half  a  century — a  life  not 
entirely  devoid  of  incidents  calculated  to  inspire  a  laudable  manly 
pride — I  have  never  felt  so  honored  as  in  being  privileged  to  a  scat 
among  those  who,  smarting  under  wrongs  inflicted  by  the  hands  of  a 
perverted  government,  have,  with  a  unanimity  and  firmness  unparal- 
leled, broken  the  link  of  union  wjth  faithless  confederates,  and  arc 
engaged  in  the  high,,  laudable,  (may  I  not  say)  holy  purpose  of  impro- 
vising a  government  which  shall  "  confer  the  greatest  liberty  consistent 
with  the  lights,  liberty  and  happiness  of  the  governed."  I  may  say  to 
i/ou,  without  subjecting  myself  to  the  charge  of  treason,  that  I  approve 
of  every  act  of  your  Convention,  in  so, far  as  known  to  me,  in  every 
particular.  Your  Ordinance  is  in  good  taste,  to  the  point,  and  covers 
the  whole  grouud. 

Permit  me  to  assure  you,  gentlemen,  that  gallant  little  Florida  will 
be  the  next  to  follow  your  wise  and  patriotic  lead.  Upon  the  meeting 
of  the  Convention,  Florida  will,  as  certainly  as  anything  in  the  future 
can  be  certain,  wheel  immediately  into  line  with  the  gallant  old  Palmetto. 
We  are  identified  with  you  in  interest,  in  feeling,  in  determination  not 
to  submit  to  Black  Kepublican  rule,  and  a  common  destiny  must  be 
ours. 

I  regret  Qxceediugly  that  urgent  official  duties,  which  I  may  not,  in 
prudence,  postpone,  will  deprive  me  of  the  pleasure  of  availing  myself 
of  your  kindly  courtesy. 

With  a  tender  of  my  sincere  thanks,  for  the  honor  conferred,  I  am, 
gentlemen, 

Very  respectfully, 

Your  obedieut  Bcrvaiit, 

%.  S.  PEllHY. 
11 


82        JOURNAL  OF  THE  CONVENTION, 

The  President  announced  the  following  Committee  on  Accounts  : 

Messrs.  T.  Thomson, 
R.  T.  Allison, 

D.  H.  Rafton,  • 

J.  J.  Rrabham, 
A.  J.  Hammond. 

Mr.  DcSaussure  presented  the  account  of  P.  B.  Qla&s,  for  stationery 
furnished  to  the  Convention  during  its  session  in  Columbia  ;  which  was 
referred  to  the  Committee  on  Accounts. 

On  motion  of  ]^r.  DeSaussure,  the  account  of  E.  R.  Stokes  was 
taken  up,  and  was  referred  to  the  Committee  on  Accounts. 

Mr.  Perrin  offered  the  following  resolution,  which,  on  motion  of  Mr. 
Rhett,  was  6rdered  to  lie  on  the  table  : 

Resolved,  That  this  Convention  take  a  recess  from  and  after  four 
o'clock,  Wednesday,  the  26th  inst.,  until" twelve  o'clock,  M.,  Wednes- 
day, the  16th  day  of  January  next,  unless  called  together  at  an  earlier 
day  by  the  President. 

Mr.  Mauigault  offered  the  following  resolution,  which,  on  motion  of 
Mr.  Manigault,  was  ordered  to  lie  on  the  table  for  the  present : 

Resolved,  That  this  Convention  hereby  instruct  the  Governor  to  make, 
forthwith,  all  the  preparations  which  may  be  needed  for  asserting,  by 
force,  the  rights  and  jurisdiction  of  South  Carolina  within  its  territo- 
ries. 

On  motion  of  Mr.  Simons,  it  was 

Ordered,  That  the  Engrossing  Committee  be  authorized  to  employ 
two  Clerks. 

Mr.  Finley  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  copies  of  the  "  Ordinance  of  Secession,"  adopted  by 
this  Convention,  and  of  the  "  Detlaiation  of  the  immediate  causes 
which  induce  and  justify  the  Seccssiofa  of  South  Carolina  from  the 
Federal  Union,"  and  of  "The  Address  of  the  People  of  South  Caro-- 
lina  assembled  in  Convention  to  the  People  of  the  Slavcholding  States 
of  the  United  States,"  be  transmitted  by  the  Governor  of  this  State  to 


TUESDAY,  DECEMBER  25,  18C0. 


83 


the  Governors  of  the  Slaveholding  States  of  the  United  States,  for  the 
information  of  their  respective  Legislatures  or  Conventions,  where  Con- 
ventions of  the  People  have  been  called  in  any  of  the  said  Slaveholding 
States.  • 

On  motion  of  Mr.  Dunkin,  the  Conventimi  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  Report  of  the 
Majority,  and  the  Report  of  the  Minority,  of  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements,  in  regard  to  the  Customs. 

Mr.  Maxcy  Gregg  moved  that  the  Ordinance  reported  by  the  Minority 
of  the  Committee  be  adopted,  and  the  question  being  put,  will  the  Con- 
vention agree  thereto  ?  it  passed  in  the'  negative  : 
Yeas,  16;  nays,  121. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Brown,  C.  P. 
Burnet, 
DuPre, 

Gregg,  Maxcy 
Jenkins,  John 
Kinsler, 
Maoigaijlt, 
Mazyck,  ^ 


Messrs.  PrcBsley, 

Richardson,  F.  D. 
Scott, 

Seabrook,  G.  W.,  Sr. 
•        Snowden, 
Spain, 
Spratt* 
Wagner. 


Those  ^^ho  voted  in  the  negative,  are 


Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Allison, 
Appleby, 
,    Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
Caldwell, 


Messrs.  Calhoun, 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Chesnut, 
Chcves, 
Clarke, 
Contier, 
Crawford, 


84 


JOtJRNAL  OF  THE  CONVENTION. 


Messrs.  Curtis, 
Dargan, 
Davis, 

DeSaussure,  ' 

DeTreville, 
Duncan, 
DunkLn, 

Dunovant,  A.  Q. 
Dunovant,  11.  G.  M. 
Ellis, 
Evans, 
Einley, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington^ 
Geiger, 
Gist, 
Glover, 

•  Goodwin, 
Gourdin,  R.JN. 
Gourdin,  T.  L. 
Grisham, 
Hammond, 
Hanckel, 
Harlleo, 
Harrison, 
Haync, 

'  Honour, 
Hopkins, 
Hunter, 
Hutson, 
Inglis*, 
Jackson, 

•  Jefferies, 
Jolinson,  * 
Kershaw. 


Messrs.  Kinard, " 
Landrum, 
Lawton, 
Lewis, 
Logan, 
I^yles, 
McCrady, 
Mclver, 
McKee, 
McLeod, 
^1  agrath, 
Mauldin, 
Means, 
Memminger, 
Middletou,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Heaf, 
Palmer, 
Parker, 
Perrin,   ,  * 
Porcher, 
Quattlebaum^ 
Eainey, 
Keed, 
llhodes, 

llichardson,  J.  P- 
Kobinson,  « 

Howell, 
llutledge, 
Seabrook,  E.  M. 
.    Sessions, 
Sbiugler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson,  ^ 


¥' 


TUESDAY,  DECEMBER  25,  1860, 


85 


Messrs.  Smith, 
Smyiy, 
Springs, 
Stokes, 

Thomson,  Thomas 
Timmons,         » 
Tompkins, 
Townsend, 
Wardlaw,  D.  L. 


Messrs.  Watts, 

Whitner, 
Wier, 
Williams, 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
•  Younc;. 


So  the  motion  was  not  agreed  to. 

Mr.  j\^iz}'ck  offered  the  following  amendment: 

"  Provided  that  such  imports  shall  be  the  products  of  the  said 
States."  '  • 

Mr.,  Memminger  moved  that  the  auiendment  be  ordered  to  lie  on  the 
table;  and  the  question  being  pvft.,  will  the  Convention  agree  thereto? 
it  passed  in  the  negative  : 

Yeas,  65;  nays,  79.  • 

The  yeas  and  nays  were  demanded,  and  are  as  follows  :       • 

Those  who  voted  in  the  affirmative,  are 


Hon. 

D.  F.  Jamison, 

President;  and 

Messrs.  Barron, 

Messrs. 

Dunovant,  li.  G.  M. 

Beaty,. 

Ellis, 

Bethea, 

• 

Evans, 

Bobo, 

Foster, 

Brabham, 

Garlington, 

Calhoun, 

Geiger, 

Carroll, 

Gourdin,  R.  N" 

Caughman, 

Grisham, 

Cauthen, 

Hamrnond, 

Charles, 

/ 

Hanckel, 

Chcsnut, 

Harrison, 

Conner, 

Hayne, 

Crawforcl, 

Hunter, 

Curtis, 

Ingram, 

DeSaussure, 

Jcffcries, 

l^uncan, 

Kershaw, 

1^^        Dunkin, 

iTandrum, 

86 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Lewis, 

Messrs.  Simons, 

McCrady, 

Smith, 

Magrath, 

.  Smyly, 

Manning, 

Springs, 

Mauldin, 

Thomson,  Thomas 

Means, 

Tompkins, 

Memminger, 

Townsend, 

Nowell, 

Wardlaw,  D.  L. 

Pemn*, 

Wardlaw,  F.  H. 

Quattlcbaum, 

Watts, 

Reed, 

Whitner, 

Richardson,  J.   P. 

Wilson,  I.  D.       • 

Robinson, 

Wilson,  J.  H. 

Rutledge, 

Wilson,  W.  B. 

Sessions, 

Withers. 

Those  who  voted  in  the 

negative,  ajcc 

Messrs.  Allison, 

Messrs.  Glover, 

Appleby,. 

Goodwin, 

Atkinson, 

Gourdin,  T.  L. 

Ayer, 

Gregg,  Maxcy 

Barton, 

Karllee, 

Bellinger, 

Honour, 

Brown,  C  P. 

Hopkins, 

Buruet, 

Hutson, 

Caldwell, 

Inglis, 

Campbell, 

Jackson, 

Cam, 

Jenkins,  John 

Cheves, 

Johnson, 

Clarke, 

Keitt, 

Dargan, 

Kilgore, 

Davis, 

Kinard, 

DeTreville, 

Kinsler, 

DuPre,  , 

Lawton, 

]?air. 

Logan, 

Finley, 

Lylcs, 

Flud, 

M  elver, 

Forster, 

McKee, 

Furman, 

McLeod, 

Gist, 

Manigault, 

TUESDAY,  DECEMBER  25,  1860.  87 

Messrs.  Maxwell,  Messrs.  Scott, 

Mazyck,   .  Seabrook,  E.  M. 

Middlelon,  John  Izard                '     Seabrook,  G.  W.,  Sr. 

Middleton,  Williams                         Shinglcr,  J.  ]\L 

Miles,  •                Shingler,  W.  P. 

Moore,  Simpson, 

Moorman,  Snowden, 

Noble,  Spain, 

O'Hear,  Spratt, 

Palmer,  Stokes, 

Parker,  '           Timmons, 

Porcher,  Wagner, 

Pressley,  Wier, 

Rainey,  Williams,                     *• 

Rliodcs,  Woods, 

Richardson,  F.  D.  Young. 

Rowell, 

So  the  motion  was  not  agreed  to. 

Mr.  Rutledge  offered  the  following  amendment : 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained,    ' 

That  all  citizens  of  this  State  who,  at  the  date  of  the  Ordinance  of 
Secession,  were  holding  office  connected  with  the  Customs,  under  the 
Government  of  the  United  States,  within  the  limits  of  South  Carolina, 
be,  and  they  are  hereby,  appointed  to  hold  under  the  Government  of 
this  State,  exclusive  of  any  further  connection  whatever  with  the  Fed- 
eral Government  of  the  United  States,  the  same  offices  they  now  fill 
until  otherwise  directed,  and  to  receive  the  same  pay  and  emoluments 
for  their  services. 

That  until  this  Convention,  or  the  Gd^eral  Assembly,  shall  otherwise 
provide,  the  Governor  shall  appoint  to  all  vacancies  which  may  occur 
in  such  offices. 

That  until  otherwise  provided  by  this  Convention,  or  the  General 
Assembly,  the  Revenue,  Collection  and  Navigation  Laws  of  the  United 
States,  80  far  as  they  may  be  applica*ble,  be,  and  they  arc  hereby,  adopted 
and  made  the  laws  of  this  State,  saving  that  no  duties  shall  be  collected 
upon  imports  from  the  States  forming  the  late  Federal  Union,  known 
us  the  Ignited  States  of  America,  nor  upon  the  tonnage  of  vessels 


88       JOURNAL  OF  THE  CONVENTION, 

owned  in  whole  or  in  part  by  the  citizens  of  the  said  States;  and  saving 
and  excepting  the  Act  of  Congress  adopted  the  fliird  day  of  March, 
1817,  entitled  "An  Act  authorizing  the  deposit  of  papers  of  foreign 
vessels  with  the  consuls  of  their  respective  nations;"  which  said  Act 
is  hereby  declared  to  be  of  no  force  ■within  the  limits  of  this  State. 

That  all  moneys  hereafter  collected  by  any  of  the  officers  aforesaid 
shall,  after  deducting  the  sums  necessary  for  the  compensation  of 
officers  and  other  expenses^  be  paid  into  the  Treasury  of  the  State  of 
South  Carolipa,  for  the  use  of  the  said  State,  subject  to.  the  order  of 
this  Convention,  or  the  General  Assembly. 

That  the  officers  aforesaid  shall  retain  in  their  hands  all  property  of 
the  United  States  in*their  possession,  custody  or  control,  subject  to  the 
disposal  of  this  State,  who  will  account  for  the  same  upon  a  final  set- 
tlement with  the  Government  of  the  United  States. 

On  motion  of  Mr.  Cheves,  it  was 

Resolved,  That  fifteen  'thousand  copies  bo  printed  of  the  Address  to 
the  Southern  States,  the  Declaration  of  Causes,  and  the  Report  of  the 
Committee  on  the  Address  of  Members  of  the  General  Assembly  of 
Georgia. 

On  motion  of  Mr.   Memminger,  the  Convention  was  adjourned  at 
•  thirty  minutes  past  ten  o'clock,  P.'M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,   DECEMBER  26,  18G0. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by^Rev. 
J.  II.  Honour. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 

Messrs.  Allison,  Messrs.  Barron,     ^ 

Appleby,  Barton, 

Atkinson,  Beaty, 


WEDNESDAY,  DECEMBER  26,  1860. 


89 


Messrs.   Bellinger, 
Bethea, 
Bobd, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain,* 
Caldwell, 
Calhoun, 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 
Dargan, 
Davis,  • 
DeTreville, 
Dozier, 
Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
DuPre, 
Easley, 
Ellis,    • 
Evans, 
Fair, 

Finley,    . 
Flud, 
Forster, 
Foster, 
FrainptoD, 
12 


Messrs.  Furmaa,    • 
Gadberry, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Gregg,  Maxcy 
Grisham, 
Hammond, 
Ilanckcl, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hopkins, 
Hunter, 
Hutsoa, 
Inglis, 
Ingram, 
Jackson, 
JefFeries,         • 
Jenkins,  John 
Jenkins,  J.  E, 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrum, 
Lawton, 
Lewis, 
Logan, 
Lylcs, 
McCrady, 
Mclver, 
McKee, 


90 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  3IcLcod, 
Magrath, 
Mauldin, 
Maxwell, 
Majcs, 
Maz^'ck, 


Means, 
Memuiinger, 
MiddletoD,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
3iyorman, 
Noble, 
Nowell, 
O'llear, 
Palmer, 
Parker, 
Perrio, 
Porcher, 
Presslej, 
Quattleb'aum, 
Kainey, 
Reed, 
Rhctt, 
Rhodes, 
•  Richardson,  F.  D. 
Richardson,  J.  P. 
Robinson, 
Rowell, 
Rutledge, 
Scott, 
Seabrook,  E.  M. 


Messrs.  Seabrook,  G.  "W.,  Sr. 
Sessions, 
'   Shingler,  J.  M. 
Shiugler,  W.  P. 
Simons, 
Simpson, 
Smith, 
Smyly, 
Snowden, 
Spain, 
•  Spratt, 

Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timiuons, 
Tompkins, 
Townsend, 
Wagner, 
Wannamaker, 
Wardlaw,  D.  L. 
•       Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 


The  journal  of  yesterday's  proceedings  was  read. 
Mr.  Sp;iin  offered  the  following  resolution,  which,  on  motion  of  Mr. 
Inglis,  was  ordered  to  lie  on  the  table  : 

Resolved,  That  the  Governor  be  requested   to  communicate  to  this 
Convention,  in  secret  session,  any  information  he  may  possess  in  refer- 


WEDNESDAY,  DECExMBEll  26,  18Q0.  91 

ence  to  the  coadition  of  Forts  Moultrie  and  Sumter,  and  Castle  Pinck-- 
ney;  the  number  of  guns  mounted  and  ready  for  service  in  each;   the 
number  of  woikmen  employed  in  each,  and  in  what  kind  of  labor;  the 
number  of  soldiers,  sailors  and  marines  in  each,  and  what  addition  (if 
any)  has  been  made  thereto  since  the  20th  inst. 

Also,  whether  he  has  any  assurance  that  said  forts  and  castle  shall 
not  be  reinforced;  and  if  so,  from  what  source  these  assurances  eman- 
ated, and  what  limit  as  to  time  and  circJlimstanQe  is  ■attached  thereto. 

Also,  what  police  or  other  regulations  (if  any)  he  has  made  in  rela- 
tion to  the  harbor  of  Charleston  and  the  coast  of  the  State. 

Mr.  Gist  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  Hon.  J.  W.  Garrott,  a  Commissioner  from  the  State 
of  Alabama'to  the  State  of  North  Carolina,  be  invited  to  a  seat  on  the 

floor  of  {he  Convention. 

'» 

On  motion  of  Mr.  Mclver,  leave  of  absencie,  on  and  after  this  day, 
until  and  inclusive  of  Monday  next',  was  granted  to  Mr.  Inglis,  on 
account  of  important  business.  • 

Mr.  A.  11.  Brown  offered  the  following  resolution,  which  was  referred 

to  the  Committee  on  the  Constitution  of  the  State,  and  was  ordered  to 

»  • 

be  printed  : 

Resolved,  That  all  citizens  of  the  United  States,  domiciled  within 
this  State  at  the  adoption  of  the  Ordinance  of  Secession,  to  wit,  the 
20th  December,  1860,  be,  and  the  same  are  hereby,  declared  citizens 
of  South  Carolina,  entitled  to  all  the  privileges  and  subject  to  all  the 
liabilities  incident  thereto. 

On  motion  of  Mr.  Fair,  leave  of  absence  from  and  after  this  day, 
until  Wednesday  next,  was  granted  to  Mr.  Williams,  on  account  of 
sickness  iu  his  family. 

jNIr.  Kinard  offered  the  following  resolution,  which,  on  motion  of 
Mr.  Lyles,  was  ordered  to  lie  on  the  table  : 

Resolved,  That  this  Convention  take  a  recess  from  and  after  four 
o'clock,  Friday,  the  28th  inst.,  until  two  o'clock,  P.  M.,  Friday,  the 
18th  day  of  January  next,  unless  called  together  at  an  earlier  day  by 
the   President. 


92  JOURxVAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  proceeded  to  the 
consideration  of 

An  Ordinance  to  amend  the  Constitution  of  the  State  of  South 
Carolina  in  respect  to  the  Executive  Department  (reported  bj  the 
Committee  on  the  Constitution  of  the  State)  ;  and, 

An  Ordinance  to  alter  the  Constitution  of  the  State  of  South  Caro- 
lina, by  striking  out  certain  words  in  sundry  places  (reported  by  the 
Committee  on  the  Constitutioif  of  the  State); 

,And,  on  motion  of  Mr.  D.  L.  Wardlaw,  the  Ordinances  were  made 
the  special  order  of  the  day  for  this  day,  tb  be  taken  up  as  soon  as  the 
business  now  under  consideration  should  Have  been  disposed  of. 

Mr.  llhett  presented  the  following  Ordinance,  which,  on  motion  of 
Mr.  Rhett,  wa^  made  the  special  order  of  the  day  for  this  day,  at  one 
o'clock,  P.  M.,  in  connection  with  the  Report  of  the  Committee  on 
Relations  with  the  Slaveholding  States  of  North  America;  and  was 
ordered  to  be  printed  : 

AN   ORDINANCE 

Recommending  and  providing  for  a  Convention  of  the  Slaveholding 
Srates  of  the  United  States,  to  form  the  Constitution  of  a  Soathefn 
Confederacy. 

Be  it  orifalned,  That  this  Convention  recommends  to  the  Slavehold- 
ing States  which  shall  secede  from  the  Union  of  the  United  States,  and 
to  all  other  Slaveholding  States,  prepared  to  unite  with  South  Carolina 
in  the  formation  of  a  Southern  Confederacy,  to  hold  a  Convention  at 
Montgomery,  in  the  State  of  Alabama,  on  the  thirteenth  day  of 
February  next,  to  agree  on  the  terms  of  said  Confederacy. 

And  he  it  further  ordained,  That  it  be  recommended  to  the  said 
States  to  appoint,  by  their  respective  Conventions  or  Legislatures,  as 
many  delegates  to  said  Convention,  to  represent  thera  therein,  as  they 
have  had,  or  may  have,  members  in  the  present  Congrc.«is  of  the  United 
States;  and  that,  in  the  said  Convention,  the  said  delegates,  in  form- 
ing the  said  Constitution,  sha'l  vote  by  States. 

And  he  it  further  ordained,  That  it  be  recommended  to  the  said 
States,  that  after  the  terms  of  sajd  Constitution  shall  be  agreed  on,  in 
said  Convention,  the  isame  shall  be  submitted,  at  as  early  a  day  as  prac- 
ticable, to  the  Conventions  or  Legislatures  respectively,  which  have 
appointed  the  said  delegates,  in  order  that  the  said  Constitution  maybe 
considered,  and  be  ratified  or  rejected  by  said  States. 


WEDNESDAY,  DECEMBER  26,  1860. 


93 


Aiid  he  it  furlher  ordained,  That  in  the  opinion  of  this  Convention, 
the  Constitution  of  the  United  States  should  constitute  the  basis  of  the 
Confederation  of  such  States  as  shall  withdraw  their  connection  with 
the  Government  of  the  United  States. 

And  he  {(further  ordainetl,  That  this  Convention  shall  appoiut*by 
ballot  eight  delegates  to  represent  the  State  of.  South  Carolina  in  the 
Convention  proposed,  to  form  the  Constitution  of  the  Southern  Con- 
federacy, and  one  Commissioner  to  each  State,  which  shall  call  a  Con- 
vention of  her  people  together,  in  order  that  the  policy  contained  in 
the  above  Ordinances  may  be  pressed  on  the  cousideration  of  said 
Conventions. 

On  motion  erf  Mr.  Dunkin,  the  Convention  went  into 


SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  Report  of  the 
Majority,  and  the  Report  of  the  Minority,  of  the  Committee  on  Com- 
mercial Relations  and  Postal  Arrangements,  together  with  the  various 
amendments  proposed  thereto  : 

The  question  being  put,  will  the  Convention  agree  to  the  amendment 
offered  by  Mr.  Mazyck?  it  passed  in  the  negative  : 
Yeas,  46;   nays,  lOG. 

The  yeas  and  nays  were  demanded,  and  arc  as  follows  :    ' 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 

Bellinger, 

Bonneau, 

Brown,  C.  P. 

Caldwell, 

Campbell, 

Carn, 

Clarke,  • 

Davis, 

DuPre, 

Fair, 

Finlcy, 

Flud, 

Forster, 

Gist, 


Messrs.  Gourdin,  T.  L. 
Gregg,  Maxcy 
•    Harllee, 
Henderson, 
j^',   Jackson, 

Jenkins,  John 

Kinsler, 

Lawton, 

Logan, 

Mclvcr, 

McKee, 

Manigault, 

Mazyck, 

]Mic]dlcton,  J.  Izard 

Middleton,  W. 


94 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Miles, 
Moore, 


MoormaD, 

Palmer, 

Porchcr, 

I'ressley, 

Scott, 

Scabrook,  G.  W.,  Sr. 


Messrs.  Shindcr,  J.  M. 
Shin-lcr,  W.  P. 
Snowdcn, 
Spain, 
•  Spratt, 
Williams, 
Woods, 
Youns:. 


Those  who  voted  ia  the  negative,  are 

Hon.  D.  F.  Jamison,  President,  and 


Messrs.  Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
I'rown,  A.  H. 
Burnet, 
Cain, 
Calhoun, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 

Cheves,  i 

Conner, 
Crawford, 
Curtis, 
Dargan, 
DeSaussure, 
Deireville, 
Duncan, 
Duiikin, 

Dunovant,  R.  G.  M. 
Easley, 


Messrs.  Ellis, 
Evans, 


Foster, 

Frampton, 

Furnian, 

Gadberry, 

Gailington, 

Geiger, 

Glover, 

Goodwin, 

Gourdiu,  R.  N. 

Grisham', 

Ilaumiond, 

Ilanckel, 

Harrison, 

Hayne, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Ingram, 

Jeft'eries,    • 

Jenkins,  J.  E. 

Keitt, 

Kershaw, 

Kilgoro, 

Kinard, 

Laiidrum, 

Lewis, 


WEDNESDAY,  DECEMBER  26,  1860. 


95 


Messrs.  Lyles, 

McCrady, 
McLeod, 
Magrath, 
MannioE', 
MaswcU, 
•       Mayes, 
Means, 
Menimin^er, 
,  Noble, 
Nowell, 
O'Hear, 
Parker, 
Perrin, 
Quattlcbaura, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Ricbardson,  F.  D._ 
Robinson, 
Rowell, 
Rutledge, 
Seabrook,  E.  M. 


Messrs.  Sessions, 
Simons, 
Simpson, 
Sims, 
Smith, 
Smyly, 
Springs, 
.    Stokes, 
Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wannaiuakcr, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitncr, 
Wicr, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers. 


So  the  motion  was  not  agreed  to. 

Mr.  Johnson  asked  to  record  the  vote  ho  would  have  given,  if 
present,  on  agreeing  to  the  amendment ;  and  .Air. ^Tohnson  being  called, 
answered  "  No." 

Mr.  Hutson  offered  the  following  amendment,  which  was  agreed  to  : 

That  all  vessels  built  in  South  Carolina  or  elsewhere,  and  owned  to 
the  amount  of  one-third  by  a  citizen  or  citizens  of  South  Carolina,  or 
of  any  of  the  slaveholding  Commonwcatlhsof  North  America,  and  com- 
manded by  a  citizen  thereof,  and  no  other,  shall  be  registered  as  ves- 
sels of  South  Carolina,  under  the  authority  of  the  Collector  and  Naval 
Officer. 

^Ir.  F.  D.  Richardson  offered  the  following  amendment,  which  was 
agreed  to : 

That  all  the  official  acts  of   the   officers  aforesaid,  in   which   it  is 


96 


JOURNAL  OF  THE  CONVEXTIO.V, 


usual  and  proper  to  set  fortli  tlie  autlioritj  under  ■wliicli  they  act,  or 
the  stjle  of  documents  issued  by  them,  or  any  of  them,  shall  be  in  the 
name  of  the  State  of  South  Carolina. 

Mr.  Mascy  Gregg  offered  the  following  amendment : 

"  But  no  duty  shall  exceed  twenty  per  cent,  on   t'hc  value  of  the 
goods  imported." 


Mr. 


moved  that  the  amendment  be  ordei^d  to  lie  on  the 


table;  and  the  questTon  being  put,  will,  the  Convention  agree  thereto? 
it  passed  in  the  affirmative  : 

Yeas,  110;  nays,  34. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative,  are 


Hon.  D. 
Messrs.  Atkinson, 
Aycr, 
Burro  If, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
Brown,  A.  H. 
Cain, 
Caldwell, 
Calhoun,        • 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Curtis, 


F.  Jamison,  President,  and 
Messrs.  Dargan, 
Davant, 
Davis, 
•     DeSaussure, 
DeTreville, 
Dunkin, 

Dunovant,  R.  G.  M. 
Easley, 
Evans, 
Finley, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geiger, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Grisham, 
Hammond, 
Hanckel, 
Harllee, 


WEDNESDAY,  DECEMBER  26,  1860. 


97 


Messrs.  Harrison, 

Messrs.  Reed, 

Hayne, 

Rhctt, 

Honour, 

Rhodes, 

Hopkins, 

Richardson,  J.  P. 

Hunter, 

Robinson, 

Hutson, 

Rutledge, 

Ingram, 

Scott, 

•Johnson, 

Scabrook,  E.  M. 

.  Keitt,. 

Sessions, 

Kershaw, 

Simons, 

Kilgore, 

Simpson, 

Kinard, 

Sims, 

Landruvn, 

Smith,' 

Lawton, 

Smyly, 

Logan, 

Springs, 

McCrady, 

Thompson,  R.  A. 

McLcod, 

Thomson,  Thomas 

Magrath, 

Timmons, 

Manning, 

Tompkins, 

Maxwell, 

Townsend, 

Means, 

•            Wannamaker, 

Memminger, 

Wardlaw,  D.  L. 

Miles,  * 

Wardlaw,  P.  H. 

Moorman, 

Watts, 

Noble' 

Whitner, 

iTowell, 

Wier; 

O'Hear, 

Wilson,  I.  D. 

Parker, 

Wilson,  J.  H. 

Perrin, 

Wilson,  W.  B. 

Quattlebaum, 

>||p-.Young. 

Ptainey, 

Those  who  voted  in  the  negative,  arei 


Messrs.  Allison, 

Messrs, 

,  Ellis, 

Bellinger, 

Fair, 

Bonneau, 

Flud, 

Brown,  C.-P. 

Forster, 

Burnet, 

Gist, 

DuPre, 

Gregg,  Maxcy 

13 

98 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Hend<?rson, 

Jenkins,  Jolin 

Jenkins,  J.  E. 

Kinsler, 

Mclver, 

McKee, 

Manigault, 

Mazyck, 

Middleton,  J.  I. 

Middleton,  W. 

Moore, 


Messrs.  Palmer, 
Prcssley, 

Richardson,  F.  D. 
Seabrook,  G.  W.,  Sr. 
Shingler,  W.  P. 
Snowdcn, 
Spain, 

Spratt,  * 

Stokes, 
Wagner, 
Woods. 


So  the  motion  was  agreed  to. 

INft".  Maxcy  Gregg  offered  the  following  amendment :  . 

Bulfcthe  value  of  all  articles  subject  to  duty  shall  be  computed  as  it 
was,  at  the  place  whence,  and  the  time  when,  they  were  exported;  and 
the  Revenue  Laws  of  the  late  Government  of  the  United  States  are 
modified  in  their  application  accordingly. 


Mr. 


moved  that  the  amendment  be  ordered  to  lie  on  the 


table;  and  the  question  befng  put*  will  the  Convention  agree  thereto? 
it  passecl  in  the  affirmative  : 

Yeas,  117;  nays,  31. 

The  yeas  and  nays  were  demanded,  and  are  as  follows; 

Those  who  voted  in  the  affirmative,  arc  ^ 

Hon.  D.  F.  Jamison,  President,  and 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Brabham, 
Brown,  A.  H. 
Burnet, 
Cain, 


Messrs.  Caldwell, 
Campbell, 
Carroll, 
Caughman, 
Cauthen, 
Chesnut, 

•  Cheves, 

Clarke, 
Crawford, 
Curtis, 
Dargan,  • 
Da  van  t, 
Davis, 


WEDNESDAY,  DECEMBER  2Q,  1860. 


99 


Messrs.  DeSaussure, 

Messrs.  Lyles, 

DeTreville, 

McCrady,      , 

Duncan, 

McLeod, 

Dunkin, 

Magrath, 

Dunovant,  11.  Gr.  M. 

Manning, 

Easley, 

Mayes, 

Ellis, 

Means, 

Evans, 

Momminger, 

Finley, 

Miles, 

Flud, 

Moorman, 

Foster, 

Noble, 

Frampton, 

Nowell, 

Furuiau, 

O'Hear, 

Gadberry, 

Parker, 

Garlington, 

Perrin, 

Geiger, 

Porcher, 

Glover, 

Quattlebaum, 

Goodwin, 

Rainey, 

Gourdin,  R.  N. 

Reed, 

Gourdin,  T.  L. 

Rhett, 

Grisham, 

Rhodes, 

Hammond, 

Richardson,  J.  P, 

Hancke"l, 

Robinson, 

■  Harllee, 

Rowell, 

Harrison, 

Rutledge, 

Hayne, 

Scott, 

Honour, 

Seabrook,  E.  M. 

Hopkins, 

Sessions, 

Hunter, 

Shingler,  J.  M. 

Hutson, 

*>  Simpson, 

Jackson, 

Sims, 

Jefferies, 

Smith, 

Johnson, 

Smyly, 

Keitt, 

.  '    Springs, 

Kershaw, 

Stokes, 

Kilgore, 

Thompson,  R.  A. 

Kinard, 

Thomson,  Thomas 

Landrum, 

Timmons, 

Lawton, 

Tompkins, 

Lewis, 

Townseud, 

100 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Warinamakcr, 
Wardlaw,  I>.  L. 
Wardlaw,  F.  H. 
Watts, 
"Wbitner,  * 


Messrs.  Wier, 

Wilsou,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

YOUDK.  • 


Those  who  voted  in  the  negative,  arc 


Messrs.  Bonneau, 

Brown,  C.  P. 

DuPre, 

Fair, 

Forster, 

Gist, 

Gregg,  Maxcj, 

Henderson, 

Jenkins,  John 

Jenkins,  J.  E. 

Kinsler, 

Logan, 

M elver, 

McKee, 

Manigault, 

Maxwell, 


Messrs.  Mazyck, 

Middleton,  John  Izard 

Middleton,  Williams 

Moore, 

Palmer, 

Pressley, 

llichardson,  F.  D. 

Seabrook,  G.  W.,  Sr. 

Shingler,  W.  P. 

Snowden, 

Spain, 

Spratt, 

Wagner, 

Williams, 

Woods. 


So  the  motion  was  agreed  to. 

Mr.  Carroll  offered  the  following  amendment : 

Whereas,  it  is  due  to  our  late  confederates  in  the  political  Union, 
known  as  the  United  States  of  America,  as  also  to  the  citizens  of  South 
Carolina  engaged  in  commerce,  that  no  abrupt  or  sudden  change  be 
made  in  the  rate  of  duties  upon  imports  into  this  State;  and,  whereas, 
it  is  not  desired  by  this  State  to  secure  any  advantage  in  trade  to  her 
own  ports,  above  those  of  any  of  the  slaveholding  States,  her  late  con- 
federates in  the  said  Union;  and,  whereas,  this  Ordinance,  for  the  con- 
siderations indicated,  is  designed  to  be  provisional  morel}' : 

Be  it,  therefore,  further  ordained,  That  tiiis  Ordinance  shall  continue 
of  force  until  the  fifteenth  day  of  February  next,  and  no  longer. 

On  moticn  of  Mr.  Withers,  the  jircavnhlc  of  the  amendment  offered 
by  Mr.  Carroll  was  agreed  to. 


WEDNESDAY,  DECEMBER  26,  1860. 


101 


Mr.  Reed  moved  that  all  after  the  ordaining  words  of  the  amendment 
offered  by  Mr.  Carroll,  be  ordered  to  lie  on  the. table;  and  the  question 
being  put,  will  the  Convention  agree  thereto  ?  it  passed  in  the  affiriya- 
tive : 

Yeas,  90;    nays,  61. 

The  yeas  and  nays  were  demanded,  and  are  as  follows.: 
Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 

Appleby,  '      „ 

Atkinson, 

Barron, 

Barton, 

Beaty, 

Bethea, 

Bobo, 

Brown,  A.  II. 

Caldwell, 

Calhoun, 

Carn, 

Caughman, 

Cauthen, 

Charles, 

Conner, 

Crawford, 

Curtis, 

Davant, 

DeSaussure, 

Duncan, 

Dunkin, 

Dunovant,  R.  Gr.  M. 

IbiPre, 

Easley, 

Ellis, 

Evans, 

Fair, 

Finley, 

Foster, 

Frampton, 

Furman, 


Messrs.  Gadberry, 
Garlington, 
Geiger, 
Glover. 
Goodwin, 
Gourdin,  R.  N. 
Grisham, 
Hanckel, 
Harrison, 
Henderson, 
Hunter, 
Hutson, 
Ingram, 
Jackson,    ' 
Jefferics, 
Johnson, 
Kershaw, 
Kinard, 
Landrum, 
Lawton, 
Lewis, 
McCrady, 
Means, 

Middleton,  John  Izard 
Miles, 
Moorman, 
Noble,  . 
Parker, 
Perrin, 
Quattlebaum, 
Kainey, 
Reod, 


102 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  llichardson,  J.  P. 
Robinson,  . 

Rowell, 
Kutledge, 
Seabrook,  E.  M. 
Scabrook,  G.  W.,  Sr., 
Sessions, 
Shinglcr,  W.  P. 
Simpson, 
Smith, 
Smyly, 
•Springs, 
Stokes, 


Messrs.  Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Wannamakcr, 
Wardlaw,  P.  L. 
Wardlaw,  F.  H. 
Watts, 
Whituer, 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Young. 


Those  who  voted  in  the  negative,  are 


Messrs.  Ayer, 

Bellinger, 

Brabham, 

Brown,  C.  P. 

Burnet, 

Cain, 

Campbell, 

Carroll, 

Chesnut, 

Cheves, 

Clarke, 

Dargan, 

Davis, 

DeTreville, 

Flud, 

Gist, 

Gourdin,  T.  L 

Gregg,  Maxcy 

Hammond, 

Ilarllee, 

Ilayne, 

Honour, 

Hopkins, 


Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Jenkins,  John 
Jenkins,  J.  E. 
Keitt 


Kjlgoroj 

Kinslcr, 

Logan, 

Lyles, 

Mclver, 

McKee, 

McLcod, 

Magrath, 

Manigault, 

Maxwell, 

Mayes, 

Mazyck,  , 

Memminger, 

Middleton,  Williams. 

Moore, 

Nowell, 

O'Hear, 

l^orchcr, 

Pressley, 

Rhett, 


WEDNESDAY,  DECEMBER  26,  1860. 


103 


Messrs.  Rhodes, 

Richardson,  F.  D. 

Scott, 

Shingler,  J.  M. 

Simons, 

Snowden, 

Spain, 


Messrs.  Spratt, 

Tompkins, 

Townsend, 

Wagner, 

Williams, 

Withers, 

Woods. 


So  the  motion  was  agreed  to. 

Mr.  D.  L.  Wardlaw  moved  that  the  amendment  offered  by  Mr.  Rut- 
ledge  be  adopted  ;  and  the  question  being  put,  will  the  Convention 
agree  thereto  ?.  it  passed  in  the  affirmative  : 

Yeas,  120 ;  nays,  29. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are 


Hon.  D. 

F.  Jamison,  President ;  and 

Mess^ip.  Allison, 

'  Messrs.  Curtis, 

Atkinson, 

Dargan, 

Barron, 

Davant, 

Barton, 

Davis, 

Beaty, 

DeSaussure, 

Bellinger, 

DcTreville, 

Bethea, 

Duncan,, 

Bobo,  jf* 

Dunkin, 

Brown,  A.  H. 

Dunovant,  R.  Gr.  M. 

Burnet, 

Eaalcy, 

Cain, 

Ellis, 

Caldwell, 

Evans, 

Calhoun, 

Finley, 

Campbell, 

,  Foster, 

Cam, 

Frampton, 

Caughman, 

Furman, 

Cauthen, 

Gadberry, 

Charles, 

Garlington, 

Chesnut, 

Geiger, 

Cheves, 

Gist, 

Clarke, 

Glover, 

-Conner, 

Goodwin, 

Crawford, 

Gourdin,R.  N. 

•% 


104 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Grishara, 

Hatouiond, 

Hauckel, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Ingram, 

Jackson, 

Jefferies, 

Johnson, 

Keitt, 

Kersliaw, 

Kilgore, 

Kinard, 

Laud  rum, 

Law  ton, 

Lewis, 

Lyles, 

McCrady, 
*  McLeod,  , 

Magrath, 

Maxwell, 

Mayes, 

Means, 

Memrainger, 

Middloton,  John  Tzard 

Middleton,  William§ 

Miles, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Parker, 


Messrs.  Perrin, 
Porcher, 
Quattlebaum, 
Rainey, 
Reed, 
Rhctt, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Rowell, 
Rutledgo, 
Seabrook,  E.  M. 
Sessions, 
Simons, 
Simpson, 
Smith, 
Smyly,  • 
Springs,     • 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wannamrtker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  J). 
Wilson,  J.  H. 
Wilson,  W.  R. 
AVithers, 
Woods. 


THURSDAY,  DECEMBER  27,  1860. 


105 


Those  who  voted  ia  the  negative,  are 


Messrs.  Appleby, 
Ayer, 
Brabham, 
Brown,  G.  P. 
Carroll, 
DuPre, 
Fair, 
Flud, 

Gourdin,  T.  L. 
Gregg,  Maxcy 
Harllee, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinslcr, 
Logan, 


Messrs.  Mclver, 
McKee, 
Manigault, 
Mazyck, 
Moore, 
Pressley, 
Scott, 

Seabrook,  G.  W.,  Sr. 
Shingler,  J.  M. 
Shingler,  W.  P. 
Snowden, 
Spain, 
Spratt, 
Wasner. 


So  the  motion  wa?  agreed  to. 

On  m,otion  of  Mr.  JMehiniinger,  the  Ordinance  was  committed  to  the 
Engrossing  Coniuiittce,  and  was  ordered  to  be  made  public. 

On  motion  of  Mr.  Mfemminger,  the  Codventiou  was  adjourned. 

B.  F.  ARTHUR, 

Clerk  of  the   Convention. 


THURSDAY,  DECEMBER  27,  18G0. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  P.  Robinson. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names :  " 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
14 


Mosfjrs.  Bcaty, 

Bellinger, 
Bobo, 
Bonncau, 
Brown,  A.  H. 


106 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Carn, 

Caughman,, 
Oauthen, 
Charles, 
Chesnut, 
Chaves, 
Clarke, 
Crawford; 
Dargan, 
Davant, 
Davis,  . 

DeTreville, 
Duncan, 
Dunkin, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Flud, 
Foster, 
FramptoD, 
Furman, 
Gadberrj, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  E.  N, 
Gourdin,  T.  L. 
Gregg,  Maxcy 
Grisham, 
Hammond, 
Hanckel, 
Harllee, 


Messrs.  Harrison, 
Hayne, 
.      Henderson, 
Honour, 
Hopkins, 
Hunter, 
Hutson, 
Jackson, 
JejBferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
Kilgo're, 
Kinard, 
Kinsler, 
.  Landrum, 
Lawton, 
Lewis,  ■ 
Logan, 
Lyks, 
Mclver, 
McKee, 
McLeod, 
Maul  din, 
Maxwell, 
Mayes, 
Means, 
Memmins'er, 


Middleton,  John  Izard 

Middleton,  Williams- 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hcar, 

Palmer, 

Parker, 

Perrin, 


THURSDAY,  DECEMIjER  27,  1860. 


107 


Messrs.  Porch  er, 
Pressley, 
Quattlebauui, 
Kainey, 
Reed, , 

Richardson,  J.  P. 
Robinson,' 
Rowell, 
Rutledge, 
Scott, 
Sessions, 
Shingler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson, 
Smith, 
Smyly, 
Snowden, 
Spain, 


Messrs.  Spratt, 

Springs,  * 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier,  , 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Youns. 


The  journal  of  yesterday's  proceedings  was  read. 
Convention  went  into 

SECRET  SESSION.  - 


Whereupon,  the 


Mr.  DcTreville  offered  the  following  resolution,  which  was  ordered 
to  lie  on  the  fable  : 

Resolved,  That  the  Governor  of  the  State  be,  and  he  is  hereby 
authorized  and  requested  to  take  immediate  possession  of  Fort  Moul- 
trie and  Castle  Pinckney,  and  to  make  the  necessary  preparation  for 
tl^je  recapture  or  destruction  of  Fort  Sumter. 

On  motion  of  Mr.  F.  H.  Wardlaw,  it  was  * 

Eesolved,  That  his  Excellency  tkc  Governor  be  invited  to  attend  the 
secret  sessions  of  the  Convention. 


On  motion  of  Mr.  Ilayne,  it  was 

Ordered,  That  a  Committee  of  three  be  appointed  to  wait  upon  bis 
Excellency  the  Governor,  and  inform  him  of  the  invitation. 


108  JOURNAL  0^  THE  CONVENTION, 

"Whereupon,  the  President  appointed  Messrs.  Ilayne,  Means  and 
Rutlcdge,  of  the  •CoTnniittce, 

^h.  ^l^^cy  Gregir  asked  and  obtained  leave  to  read  a  coninuiuication 

from  Hon.  L.  T.  Wigfall. 

His  Excellency  the  Governor  attended  and  addressed  the  Conven- 
« 
tion. 

On  motion  of  Mr.  DcTreville,  it  was 

Resolved,  That  the  Governor  be  requested  and  authorired  to  take 
possession,  forthwith,  of  the  Telegraph  Office  in  this  city,  and  prevent 
all  communication  between  the  city  and  Fort  Sumter. 

Mr.  R.  N.  Gourdin  asked  and  obtained  leave  to  read  a  coramunica- 
tion  from  Major  Anderson,  Commandant  at  Fort  Sumter;  and. 

On  motion  of  Mr.  Memminger,  Mr.  R.  N.  Gourdin  was  appointed  a 
Committee  to  transmit  the  communication  to  his  Excellency  the  Gov- 
ernor. 

Mr.  Cheves  offered  the  following  resolution,  which^  on  motion  of 
Mr.  Memminger,  was  ordered  to  lie  on  the  table  : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  occupation 
of  Fort  Sumter  ought  at  once  to  be  regarded  as  an  authorized  occupa- 
tion, and  vigorous  military  defences  provided  immediately. 

Mr.  J).  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,,  made  a  report,  and  reported  : 

An  Ordinance  concerning  Judicial  powers;  and 

An  Ordinance  concerning  powers  lately  vested  in  the  Congress  of 
the  United  States; 

Which,  on  motion  of  Mr.  t).  L.  Wardlaw,  were  -made  the  special 
order  of  the  day  for  to-morrow,  at  twelve  o'clock,  M.,  and  were  ordered 
to  be  printed. 

SPECIAL  ORDER. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  proceeded  to  the 
consideration  of  an  Ordinance  to  amend  the  Constitution  Qf  the  State 
of  South  Carolina,  in  respect  to  the  Executive  Department,  which  had 
been  made  the  special  order  of  the  day,  fur  this  day. 

Mr.  Maxcy  Gregg  oiiered  the  following  amendment,  which  on  motion 
of  Mr.  Memminger,  was  ordered  to  lie  on  the  table  : 


THURSDAY,  DECEMBER  20,  1860.  109 

He  may,  in  like  iwauucr,  remove  tlife  officers  whose  appointment    is  , 
vested  in  him ;  but  tuch  removal  shall  be  subject  to  the  consent  of  the 
Senate  ;   and  if  made  during  a  recess,  and  afterwards  disapproved  of, 
the  officer  shall  be  restored  to  office. 

Mr.  Spratt  offered  the  following  amendment,  which  was  ordered  to 
lie  on  the  tabic  : 

Provided  that  all  th.e  officers  so  appointed,  other  than  Amba.spadors, 
Ministers,  Consuls  and  Agents,  hold  their  offices  during  good  behavior. 

Mr.  A.  H.  Brown  offered  the  following  amendment: 

That  the  Governor  shall  immediately  appoint  four  persons,  with  the 
advice  and  consent  of  this  Convention  during  its  existence,  wko, 
together  with  the  Lieutenant  Governor,  shall  form  a  Council,  to  be 
called  the  Executive  Council,  whose  duty  it  shall  be,  when  required  by 
the  Governor,  to  advise  with  him  upon  all  matters  which  may  be  sub- 
mitted to  their  consideration;  ahd  that  a  record  of  such  consultations 
shall  be  kept;  and  that  on  and  after  the  dissolution  of  this  Convention, 
the  said  appointments  shall,  from  time  to  time,  be  made  by,  and  with 
the  consent  of,  the  Senate:  provided,  nevertheless,  that  the  Governor 
shall,  in  all  eases,  decide  upon  his  own  action. 

Mr.  Brown  withdrew  his  amendment. 

Mr.  Chesnut  offered  the  following  amendment : 

That  the  Governor,  with  the  advice  and  consent  of  this  Convention, 
until  it  shall  be  dissolved,  and  after  its  dissolution,  with  the  advice  and. 
consent  of  the  Senate,  shall  appoint  a  Cabinet,  consisting  of  Secre- 
taries of  State,  of  War,  Navy,  Treasury,  and  the  Attorney  General. 

Mr.  Chesnut  withdrew  his  amendment. 

Mr.  DeTreville  moved  to  amend  the  last  clause  of  the  Ordinance,  so 
as  to  read  "  that  four  persons  shall  he.  Immcdiaiclij  elected  hij  (his  Con- 
vention, who,  together  with  the  Lieutenant  Governor,  shall  form  a 
Council,  to  be  called  the  Executive  Council,  whose  duty  it  shall  be, 
when  required  by  the  Governor,  to  advise  with  him  upon  all  matters 
which  uiay  be  submitted  to  their  consideration  ;  and  that  a  record  of 
such  consultations  shall  be  kept:  provided,  nevertheless,  that  the  Gov- 
ernor shall,  in  ail  cases,  dwide  upon  his  own  action. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  amcndmcut  was  ordered  toiic 
on  the  tabic. 


110  JOURNAL  OF  THE  CONVENTION, 

The  Ordinance  was  adopted,  was  ordered  to  be  engrossed,  and  to  be 
signed  by  the  President  and  the  Clerk. 

SPECIAL  ORDER. 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  proceeded  to  the 
consideration  of  an  Ordinance  to  alter  the  Constitution  of  the  State-  of 
South  Carolina,  by  striking  out  certain  words  in  sundry  places,  which 
had  been  made  the  special  order  of  the  day,  for  this  day. 
,  The  Ordinance  was  agreed  to,  was  ordered  to  be  engrossed,  and  to  be 
signed  by  the  l*residcnt  and  the  Clerk. 

Mr.  D.  L.  Wardhnv,  from  the  Committee  on  the  Constitution  of  the 
State,  made  a  report ;  and  reported, 

An  Ordinance  to  define  and  punish  treason  ;  and 

An  Ordi^nance  concerning  citizenship;  which,  on  motion  of  Mr.  D. 
L.  AVardlaw,  were  made  the  special  order  of  the  day  for  to-morrow,  at 
one  o'clock,  P.  M.,  and  were  ordered  to  be  printed. 

Mr.  "Williams  Middletou  offered  the  following  resolution  : 

Resolved,  That  his  Excellency  the  Governor  be  authorized  to  accept, 
in  his  discretion,  the  services  of  volunteers  from  the  State  of  Georgia, 
or  elsewhere,  who  may  tender  the  same. 

Mr.  Glover  offered  the  following  amendment : 

licsohdl,  That  the  Governor,  at  his  discretion,  may  receive  aid  and 
assistance  to  this  State,  and  volunteers  from  abroad ;  looking  carefully 
to  the  exigency  of  circumstances,  and  avoiding  unnecessary  expense ; 
and  that  the  Governor  be  authorized  and  requested  to  .present  the 
thanks  of  this  Convention  to  such  volunteers  as  may  offer  their  services. 

Mr.  John  Izard  Middleton  offefed  the  following  amendment : 

That  the  Governor  be  requested  to  adupt  measures  immediately  to 
prevent  any  reinforcements  from  being  introduced  into  any  one  of  the 
fprts  of  Charleston  harbor,  and  that  he  cause  batteries  to  be  erected  oil 
Sullivan's  Island,  Morris'  Island  and  James'  Island,  in  order  to  prevent 
the  entrance  of  any  vessel  of  war  belonging  to  the  late  Government  of 
the  United  States;  and  further,  that  he  bu  required  to  take  possession 
of  Castle  Pinckuey  and  lort  Johnson. 

Mr.  Cheves  offered  the  followinjr  amendment : 


FRIDAY,  DECEMBER  28,  1860.  Ill 

Resokcd,  That  it  is  the  sense  of  this  Convention  that  it  would  be 
unwise  to  presume  the  supposed  occupation  of  Fort  Sumter  to  be  an 
unfounded  rumor,  or  an  act  unauthorized  by  the  Federal  Government ; 
aud  that  prudence  demands  that  immediate  vigorous  military  measures 
should  be  taken  by  the  Governor  in  accordance  with  these  views,  until 
they  are  modified  by  further  information. 

On  motion  of  Mr.  D.  L.  Wardlaw,  all  the  amendments  proposed  were 
•ordered  to  lie  on  the  table ;  and  the  resolution  offered  by  Mr.  Glover 
was  agreed  to. 

Mr.  Memminger  offered  the  following  resolution  : 

Resolved,  That  in"  the  opinion  of  this  Convention,  it  is  advisable  that 
any  volunteers,  who  may  arrive  in  Charleston  from  our  sister  States,  be 
united  by  the  Governor  with  our  own  troops  in  any  movements  which 
he  may  deem  advisable  for  taking  possession  of  Sullivan's  Island. 

Mr.  Memminger  withdrew  his  resolution. 

On  motion  of  Mr.  D.  L.  "Wardlaw,  the  Convention  was  adjourned  at 
half-past  three  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clei-k  of  the  Convention. 


FRIDAY,  DECEMBER  28,  1860. 

"Al  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
B.  F.  Mauldin. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names :  * 

Messrs.  Allison,  Messrs.  Bethea„ 

Appleby,  Bobo, 

Atkinson,  .  '  Bonneau, 

Barron,  Brabham, 

Barton,  .  Brown,  A.  H. 

Beaty,  Brown,  C.  P. 

Bellinger,  Caldwell, 


112 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Callioun, 

Campbell, 

Cam, 
»        Carroll, 

Caunhman, 

Cauthen, 

Charles^ 

Chi.snut, 

Cheves, 
•Clarke, 

Crawford, 

Curtis, 

Dargan, 
.Davant, 

Davis, 

Duncan, 

Dunkin, 

Dunovant,  R.  G.  M. 

DuPre, 

Easley, 

Ellis, 

English, 

Evans, 

Fair,      - 

Fiuloy, 

Flud, 

Foster, 

Franipton, 

Furnian, 

Gadbcrry, 
.Garlington, 
•  Geiger, 

Glover, 

Goodwin, 

Gourdin,  R".  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Grisham, 

Hammond, 

Hanckel, 


Messrs.  Harllee, 
Harrison, 
Hayne, 
Hcnder.«!on, 
Honour, 
Hopkins, 
Hunter, 
Hutson, 
Jackson,  . 
Jeflfcries, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kcitt, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrum, 
Lawton, 
Lewis, 
Logan, 
Lyles, 
Mclver, 
McKce, 
McLeod, 
Magrath, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyek, 
3Ieans, 
Mcmuuuger, 
Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 


FRIDAY,  DECEMBER  28,  18G0. 


113 


Messrs.  Parker, 
Perrin, 
Porcher, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  I). 
Richardson,  J.   P. 
Robinson,. 
Rowell, 
Rutledge, 
Scott, 

Seabrook,  G".  W.,  Sr. 
Sessions, 
Shingler,  W.  P. 
Simons, 
Simpson, 


Messrs.  Smith, 

Snowden, 

Spain, 

Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Wagner, 

Wannamakcr, 

Wardlaw,  D.  L. 

Watts, 

Wier, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  journal  of  yesterday's  proceedings  was  read. 

Mr.  A.  T.  Darby,  delegate  from  St.  Matthew's,  appeared  at  tin- 
Clerk's  desk,  produced  his  credentials,  signed  the  roll,  and  took  his 
seat. 

On  motion  of  Mr.  Glover,  it  was 

Resolved,  That  Mr.  A.  T.  Darby  have  leave  to  sign  the  Ordinance 
of  Secession. 

The  President  laid  before  the  Convention  the  following  communica- 
tion, which  was  ordered  to  be  entered  on  the  journal,  and  to  be  printed  : 

To  the  Hon.  the  President  and  Members  of  the 

Convention  of  the  Indej^endent  Slate  of  South  Carolina  : 
Gentlemen  :  I  am  to-night  informed,  that  a  resolution  was  this  day 
adopted,  inviting  me  to  a  seat  on  the  floor  of  your  Convention.  For 
the  compliment  thus  paid  my  State,  in  my  person,  please  accept  my- 
grateful  acknowledgments.  I  regret  that  engagements  elsewhere  im- 
peratively forbid  the  enjoyment  of  your  proffered  courtesy. 

Intelligence  received  to-night  makes  "assurance  doubly  sure,"  that 
15 


114  JOURNAL  OF  THE  CONVENTION, 

Alabama  stands  by  the  side  of  South  Carolina,  prepared  to  share  with 
her  a  common  destiny. 

Information,  obtained  on  diligent  inquiry  in  the  last  few  days,  justi- 
fies me  in  saying,  that  the  gallant  sons  of  North  Carolina  and  Virginia 
are  now  ready  to  rally  around  the  standard  of  Southern  Rights  and 
Honor,  which  you  have  so  gloriously  reared  ;  and  that  those  two  States 
will  also  be  members,  in  all  probability,  of  the  Great  Southern  Con- 
federacy by  the  4th  of  next  3Iarch.  The  other  Slave  States  must, 
sooner  or  later,  take  the  same  course,  qr  be  involved  in  inevitable  ruin. 
To  the  bold,  deliberate  and  decisive  action  of  your  body,  are  the 
people  of  the  South  indebted  for  the  great  movement  which  must  end 
in  the  vindication  of  their  rights;  and  the  future  historian  must  award 
to  South  Carolina  the  honor  of  leadership  in  carrying  out  the  measures 
destined  to  release  them  from  the  wrongs  and  oppressions  under  which 
they  have  so  long  and  so  patiently  suffered. 

With  sentiments  of  profound  consideration,  I  am. 
Most  respectfully, 

J.  W.  GARROTT. 

Charleston,  December  26,  1860. 

On  motion  of  Mr.  Magrath,  leave  of  absence  was  granted  to  Mr. 
Conner,  on  account  of  sickness. 

On  motion  of  Mr.  Carroll,  leave  of  absence  was  granted  to  Mr.  Ham- 
mond, on  account  of  indisposition. 

On  motion  of  Mr.  Atkinson,  leave  of  absence  was  granted  to  Mr. 
Forster,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  Reed,  leave  of  absence  was  granted  to  Mr.  Maul- 
din,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  "W.  P.  Shingler,  leave  of  absence  was  granted  to 
Mr.  J.  M.  Shingler,  on  account  of  indisposition. 

On  motion  of  Mr.  Rhett,  the  Convention  proceeded  to  the  considera- 
tion of 

Ayi  Ordinance,  recommending  and  providing  for  a  Convention  of  the 
Slaveholding  States  of  the  United  States,  to  form  the  Constitution  of 
the  Southern  Confederacy;  and 

The  Report  of  the  Committee  on  Relations  with  the  Slaveholding 
States  of  North  America ; 

And,  pending  the  consideration  thereof. 


FRIDAY,  DECEMBER  28,  1860.  115 

On  motion  of  Mr.  D.  L.  Wardlaw,  the  Convention  went  int6 
SECRET  SESSION. 

The  President  laid  before  the  Convention  certain  despatches  received 
from  the  Commissioners  to  Washington. 

Mr.  ]\fagrath  offered  the  following  resolutions  : 

Resolved,  That  the  transfer  of  the  garrison  from  Fort  Moultrie  to 
Fort  Sumter,  pending  the  negotiations  at  Washington,  between  the 

Commissioners  of  this  State  and  the  President  of  the  United  States, 

« 

accompanied  as  it  was  by  the  destruction  of  public  property,  is  to  be 
regarded  as  an  act  of  hostility. 

Resolved,  That  this  Convention  approves  the  conduct  of  the  Gover- 
nor in  taking  immediate  possession  of  Castle  Pinckncy  and  Fort  Moul- 
trie, and  of  holding  these  places  henceforth  in  the  name  of  this  State; 
and  that  the  Commissioners  of  this  State  at  Washington  be  now  requested 
to  present  to  the  President  of  the  United  States  the  necessity  for  the 
immediate  withdrawal  of  the  troops  of  the  United  States  at  Fort  Sum- 
ter, and  the  possession  of  that  Fort  by  this  State,  as  necessary  for  the 
peace  of  the  State  and  the  protection  of  property  within  its  limits. 

Mr.  Keitt  moved  to  amend  the  resolution  by  striking  out  the  words : 
"and  of  holding  these  places  henceforth  in  the  name  of  this  State." 
Mr.  D.  L.  Wardlaw  offered  the  following  amendment : 

Resolved,  That  in  reference  to  Forts  Moultrie  and  Sumter,  troops  of 
the  United  States  have  committed  acts  of  hostility  against  this  State,  in 
violation  of  the  understanding  to  which  this  State,  in  the  Ijope  of  pre- 
serving peace,  has  carefully  adhered. 

That  if  upon  th^  disavowal  of  those  acts  by  the  President  of  the 
United  States,  matters  shall  be  restored  to  the  status  ante  helium,  this 
Convention  will  expect  the  Governor,  by  employment  of  State  forces 
and  other  suitable  means,  to  insure  the  safety  of  the  United  States 
troops  against  all  violence,  when  those  troops  shall  have  returned  to 
Fort  Moultrie,  which  they  have  partially  dismantled;  and"  that  if  the 
restoration  shall  be  ordered,  our  Commissioners  at  Washington  be 
requested  to  proceed  in  the  duty  assigned  to  thorn  ;  otherwise,  to  return 
home. 

Mr.  W;irdlaw  withdrew  his  amendment. 

Mr.   moved   that  the   resolutions  and  the    amendment  be 


116 


JOURNAL  OF  THE  CONVENTION, 


ordered  ifco  lie  on  the  table ;  and  the  question  being  put,  will  the  Con- 
vention agree  thereto  ?  it  passed  in  the  affirmative  : 
Yeas,  111;  nays,  40. 
The  yeas  ^nd  nays  were  demanded,  and  are  as  follows  : 

Those  Avho  voted  in  the  affirmative,  are 

«' 
Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Allison, 

Messrs 

.  Foster, 

Appleby, 

Ayer, 

Barron, 

Framptou, 

Furman, 

Garlington, 

BartoA, 
Beaty, 

Bellinger, 

Gciger, 
Glover, 
Goodwin, 

Bethea, 
Bobo, 

Gourdin,  R.  N. 
Gourdin,  T.  L. 

Brabham, 
Brown, "A.  H. 
Cain, 

Gregg,  Maxcy 

Grisham, 

Hammond, 

Calhoun, 

Hanckel, 

Caru, 
Carroll, 
Caughman, 
.  Chesnut, 
Cheves, 

Harrisop, 

Hayne, 

Hopkins, 

Hunter, 

Hutson, 

Clarke, 
•  Curtis, 

Ingram, 
Jefferies, 

Darby, 
Da  van  t, 
DeSaussure, 

Jenkins,  J.  E- 

Johnson, 

Keitt, 

DeTrevillc, 

Kershaw, 

Duncan, 

Kinsler, 

Dunkin, 

Laudrum, 

Duuovant,  A.  Q. 
DuPre, 

Law  ton, 
Lewis, 

Ellis, 

English, 

Evans, 

Lyles, 

McCrady, 

McKee, 

Finley, 
Flud,  ' 

McLeod, 
Manning, 

FRIDAY,  DECEMBER  28,  1860. 


117 


Messrs.  3Iau!diu, 
Maxwell, 
Mayes,  , 
Mazyck, 


Means, 

Memminger, 

Miles, 

Moore, 

Noble, 

Nowell, 

Perrin, 

Pope, 

Quattlebauin, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Robioson, 

Rowell, 

Scabrook,  E.  M. 

Sessions, 


Messrs.  Shingler,  W.  P. 
Simpson, 
Smyly, 
Snowden, 
Spain, 
Springs, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


Those  who  voted  in  the  negative,  are 


Messrs.  Atkinson, 
Bonneau, 
Brown,  C  P. 
Burnet, 
Caldwell, 
Campbell, 
Cauthen, 
Crawford, 
Dargan, 
Davis, 
Fair, 

Gadberry, 
Gist, 
Harllee, 
Henderson, 


Messrs.  Honour, 
Jackson, 
Jenkins,  John 
Kilgore, 
Kinard, 
Logan, 
Mclver, 
Magrath, 

Middleton,  J.  Izard 
Middleton,  W. 
Moorman, 
O'Hear, 
Palmer, 
Parker, 
Porcher, 


118  '  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Pressley,  Messrs.  Simons, 

Richardson,  F.  D.  Smith, 

Rutledge,                .  Spratt, 

Scott,  Stokes, 

Seabrook,  G.  W.,  Sr.  Wagacr. 

So  the  motion  was  agreed  to. 

On  motion  of  Mr.  Bobo,  leave  of  absence  until  "Wednesday  next, 
was  granted  to  Mr.  Curtis,  on  account  of  important  business. 

The  Convention  resumed  the  consideration  of  an  Ordinance  recom- 
mending and  providing  for  a  Convention  of  the  Slaveholdiug  States  of 
the  United  States,  to  form  the  Constitution  of  a  Southern  Confederacy; 
and 

The  Report  of  the  Committee  on  Relations  with  the  Slaveholding 
States  of  North  America. 

Mr.  Memminger  moved  to  strike  out.  the  resolutions  reported  by  the 
Committee,  and  insert,  in  the  form  of  resolutions,  the  Ordinance 
recommending  and  providing  for  a  Convention  of  the  Slaveholding 
States  of  the  United  States  to  form  the  Constitution  of  a  Southern 
Confederacy. 

Mr.  Ilayne  moved  that  the  Ordinance  be  ordered  to  lie  on  the 
table. 

On  motion  of  Mr.  Means,  leave  of  absence,  until  Wednesday  next, 
was  granted  to  Mr.  Lyles,  on  account  of  sickness  in  his  family. 

On  motion  of  Mr.  DeSaussure,  leave  of  absence,  until  Wednesday 
next,  wsrs  granted  to  Mr.  Hopkins,  on  account  of  important  business. 

On  motion  of  Mr.  Maxcy  Gregg,  the  Convention  was  adjourned  at 
half-past  three  o'clock,  P.  M.  . 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


SATURDAY,  DECEMBER  29,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  C.  Appleby. 


SATURDAY,  DECEMBER  29,  1860. 


119 


The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Allison, 

Appleby,     • 
Atkinson, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Cam, 
CaBroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
,  Cheves, 

Clarke, 
Crawford, 
Darby, 
Dargan, 
Davant, 
Davis, 
DeSaussure, 
Dunkin, 
DuPre, 
Easley, 
Ellis,  . 
English, 
Evans, 
Fair, 


Messrs.  Flud, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Gregg,  Maxcy 
Grisham, 
Hanckel, 
Harllce, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hunter, 
Hutson, 
Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Landrura, 
Lawton, 
Logan, 
McCrady, 
Mclvor, 
McKee, 


120 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  McLeod, 
Maxwell, 
Mayes, 
Mazyck, 
Meuiminger, 
MiddletoD,  John  Izard 
Middleton,  Williains 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
^  Palmer, 

Parker, 
Perrin, 
Porcher, 
Pressley, 
Quattlebuum, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Robinson, 
Rowell, 
Scott, 
Seabrook,  G.  W  ,  Sr. 


Messrs.  Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpso'n, 

Smith, 

Smyly, 

Snowden, 

Spain,  . 

Spratt, 

Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Tinimons, 

Tompkins, 

Wauuamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier,  •  - 

Wilson,  I.  D.     .* 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  journal  of  yesterday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following  communica- 
tion J  which,  on  motion  of  j\Ir.  Dunkin,  was  ordered  to  lie  on  the  table: 

Collector's  Office,  Charleston,  S.  C, 

December  28,  18G0. 
Hon.  D.  F.  Jamison, 

President  of  the  Convention  : 
Sir  :  I  beg  leave  respectfully  to  inform  the  Convention,  that,  in  obe- 
dience to  the  Ordinance  passed  on   the  26th  inst.,  all   the  officers  at- 
tached to  this  Custom  House,  entered  yesterday  into  the  service  of  the 
State,  and  that  I  then  commenced  to  receive  duties  and  to  transact  all 


SATURDAY,  DECEMBER  29,  1860.  121 

other  business  as  Collector  of  the  State  of  South  Carolina  for  the  Port 
and  District  of  Charleston. 

I  have  the  honor  to  be,      ^ 

Very  respectfully. 

Your  obedient  servant, 

W.  F.  COLCOCK, 
Collector  «/  South  Carolina, 
for  the  Port  and  District  of  Charleston. 

Mr.  Dunkin  offered  \^e  following  resolution  : 

Resolved,  That,  until  otherwise  ordered,  the  Collectors  of  the  ports 
in  the  State  be  authorized  to  receive  payment  of  duties  in  bills  of  the 
Banks  of  this  State. 

And,  pending  the  consideration  thereof,  a  m^sage  was  received  from 
his  Excellency  the  Governor ; 
■  Whereupon,  the  Convention  went  into 

SECRET  SESSION. 

The  following  communication  was  received  from  his  Excellency  the 
Governor,  and  was  ordered  to  lie  on  the  table  : 

Executive  Department, 
Charleston,  28  December,  1860. 
To  Hon.  D.  F.  Jamison, 

President  of  the  Convention  : 
Sir  :  As  the  Convention  sent  for  me  yesterday,  to  be  informed  upon 
important  business,  I  take  tlie  occasion  to  say,  that,  under  my  order, 
Castle  Pinckney  was  taken  last  evening ;  and  the  United  States  flag 
hauled  down,  and  the  Palmetto  banner  run  up  iu  its  place.  And  I 
also  ordered  a  detachment  from  syi  artillery  regiment  to  occupy  Sulli- 
van's Island;  and  if  it  could  be  done  without  any  immediate  danger 
from  mines,  or  too  great  loss  of  life,  to  take  Fort  Moultrie,  and  to  run 
up  the  i'almetto  flag,  and  put  the  guns  iu  immediate  preparation  for 
defence.  I  have  now  full  possession  of  those  two  forts.  I  considered 
the  evacuation  of  Fort  Moultrie,  under  all  the  circumstances,  a  direct 
violation  of  the  distinct  understanding  between  the  authorities  of  the 
Government  at  Washington  and  those  who  were  authorized  to  act  on 
the  part  of  the  State,  and  bringing  on  a  state  of  war. 

I  therefore  thought  it  due  to  the  safety  oi  the  State  that  I  should 
16 


122  JOURNAL  OF  THE  CONVENTION, 

take  the  steps  I  have.     I  hope  there  is  no  immediate  danger  of  further 
aggression  for  the  present. 

•  Respectfully, 

F.  ^y.  PICKENS. 

The  Convention  resumed  the  consideration  of  the  following  resolu- 
tion : 

Resolved,  That  until  otherwise  ordered,  the  Collectors  of  the  ports  in 
this  State  be  authorized  to  receive  payment  ^  duties  in  bills  of  the 
Banks  of  this  State. 

Mr.  Cheves  offered  the  following  amendment,  which,  on  motion  of 
Mr.  Reed,  was  ordered  to  lie  on  the  table  : 

Strike  out  the  words* "bills  of  the  Banks  of  this  State,"  and  insert 
"in  such  moneys  as  shall  be  receivable  in  payment  of  State  taxes." 

Mr.  Memminger  offered  the  following  amendment : 

Provided,  That  no  bank  notes  be  accepted  by  the  Collectors  which 
are  below  the  par  value  of  the  notes  of  the  Bank  of  the  Stkte  of  South 
Carolina. 

■  Mr.  Chesnut  moved  that  the  amendment  be  ordered  to  lie  on  the 
table,  which  motion  was  not  agreed  to. 

Mr.  F.  11.  Wardlaw  moved  that  the  resolution  be  ordered  to  lie  on 
the  table,  which  motion  was  not  agreed  to. 

The  amendment  was  agreed  to;  and  the  resolution  as  amended  was 
agreed  to,  and  was  ordered  to  be  made  public. 

The  President  laid  before  the  Convention  a  despatch  from  the  Com- 
missioners at  Washington. 

Mr.  Simons  offered  the  following  resolution  ;  which  was  considered 
immediately,  and  was  agreed  to,  and  was  ordered  to  be  made  public : 

Resolved,  That  the  President  of  this  Convention  be, requested  to 
transmit  to  his  Excellency  the  Governor  and  to  the  General  Assembly 
of  this  State,  at  its  session,  copies  of  the  Ordinances  which  have  been 
and  may,  from  time  to  time,  be  adopted  by  this  body. 

Mr.  DeTreville  offered  the  following  resolution ;  which,  on  motion  of 
Mr.  Harllee,  was  ordered  to  lie  on  the  table,  and  to  be  printed : 


SATURDAY,  DECIilMBER  29,  1860.  123 

Resolved,  That  the  Governor  be  authorized  and  requested  forthwith 
to  cause  to  be  enlisted  into  the  service  of  the  State,  for  the  term  of 
six  months,  at  such  rate  of  compensation  and  emolument  as  is  now 
allowed  by  the  Federal  Government  to  its  infantry  soldiers,  two  regi- 
ments of  six  hundred  and  forty  privates  each, -to  be  divided  into  eight 
companies  each;  and  also  that  he  do  appoint  suitable  persons  to  com- 
mand the  said  regiments  and  companies,  and  supply  all  vacancies  from 
time  to  time,  subject  to  the  approval  of  the  Senate.* 

Resolved,  further,  'J'hat  aS  soon  as  a  sufficient  number  of  companies 
shall  be  enlisted,  officered  and  properly  drilled,  they  be  employed  to 
relieve  the  volunteers  now  in  possession  of  the  forts  in  this  State. 

Mr.  Thomas  Thomson  offered  the  following  resolutions,  which  were' 
considered  immediately,  and  were  agreed  to: 

Resolved,  That  it  shall  be  the  duty  of  the  Committee  on  Accounts 
to  examine  and  report  upon  the  accounts  and  contingent  expenses  of 
this  Convention. 

Resolved,  That  whenever  an  appropriation  therefor  shall  be  made  by 
the  Legislature,  the  President  of  the  Convention  be  authorized  to  draw 
his  warrant,  or  warrants,  on  the  Treasury,  countersigned. by  the  Cashier 
or  Deputy  Cashier,  for  the  payment  of  such  accounts  and  contingent 
expenses  as  may  be  allowed  by  the  Convention. 

Mr.  Thomas  Thomson,  from  the  Committee  on  Accounts,  made 
reports. 

On  the  account  of  P.  B.  Glass,  for  stationery  ;  and 

On  the  account  of  E.  K.  Stokes,  for  articles  furnished  and  services 
rendered  ;  which  were  considered  immediately,  and  were  agreed  to. 

Mr.  Porcher  presented  certain  accounts  contracted  by  the  Committee 
of  Arrangements,  for  preparing  the  Hall  for  the  Convention  ;  which 
were  referred  to  the  Commit[^<:|p  on  Accounts. 

On  motion  of  Mr.  Harllc  leave  of  absence,  till  Tuesday  next,  was 
granted  to  Mr.  Dargan,  on     oount  of  illness  in  his  family. 

Mr.  A.  H.  Brown  offered  the  following  Ordinance,  which  w.i3 
ordered  to  be  printed  : 

That  the  judicial  power  heretofore  delegated  by  this  State,  so  as  to 
form  a  part  of  the  judicial  system  of  the  United  States,  having  reverted 
to  this  State,  be  exorcised  by  the  Courts  of  the  State  now  established, 
until  further  direction.     The  right  of  appeal  being  preserved  where  the 


124  JOURNAL  OF  THE  CONVENTION, 

amount  involved  exceeds dollars.  In  all  cases  affecting  am- 
bassadors, other  public  ministers  and  consuls,  there  shall  be  in  all  of 
the  Courts  as  near  a  conformity  as  may  be  to  the  regulations  and  prac- 
tice now  prevailing  in  the  Courts  of  the  United  States;  in  all  other 
cases,  the  practice  shall  conform  to  the  practice  of  the  Courts  of  the 
State. 

That  the  said  Courts  shall  have  power  to  appoint  such  officers  under 
it  as  may  be  necessary  in  execution  of  the  judicial  power  hereby  con- 
ferred ;  the  laws  of  the  United  States  wliich  were  in  operation  at  the 
time  of  the  secession  of  this  State,  concerning  offences  connected  with 
the  Post  Office  Department,  the  Pul  lie  Customs,  or  Seamen,  and  an 
Act  of  the  Congress  of  the  United  States,  entitled  "An  Act  more 
effectually  to  provide  for  the  punishment  of  certain  crimes  against  the 
United  States,  and  for  other  purposes,"  approved  March  3,  1825,  shall 
be  considered  as  laws  of  this  State,  until  they  may  be  altered  or  repealed ; 
all  offences  under  the  said  laws  shall  be  subject  to  the  jurisdiction  of 
the  Courts  of  this  State;  in  cases  which,  under  the  laws  aforesaid, 
have  heretofore  been  tried  by  a  jury,  the  trial  shall  be  by  jury,  accord- 
ing to  the  mode  of  jury  trial  which  is  of  force  in  this  State;  in  all 
cases  of  admiralty  and  maritime  jurisdiction,  in  which  the  trial  by  jury 
has  not  been  established,  the  form  and  mode  of  proceeding  shall  be 
such  as  have  heretofore  been  in  use  in  the  Courts  within  this  State  that 
have  heretofore  ba5  cognizance  of  such  cases. 

Blr.  Miles  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to : 

ResohpAl,  That  the  late  members  of  Congress  from  this  State  be  ad- 
mitted to  seats  on  the  floor  of  the  Convention  at  all  times  during  its 


SPECIAL  ORlWU. 

pv 

On  motion  of  JMr.  Khett,  the  Convent>  i  resumed  the  consideration 
of  an  Ordinance  recommending  and  praviding  for  a  Convention  of  the 
Slaveholding  States  of  the  United  States  to  form  a  Constitution  of  a 
Southern  Confederacy;  and 

The  report  of  the  Committee  on  Relations  with  the  Slaveholding 
States  of  North  America. 

Mr. moved  that  the  Ordinance  be  ordered  to  lie  on  the  table; 


SATURDAY,  DECEMBER  29,  1860. 


125 


and  the   question   being  put,  will  the  Convention  agree  thereto?   it 
passed  in  the  affirmative. 

Yeas,  76;  nays,  55. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 
Ayer, 
Barron, 
Barton, 
Beaty, 


Bellinger, 

Brabham, 

Brown,  A.  H. 

Cam, 

Carrol], 

Caughman, 

Charles, 

Chesnut, 

Cheves, 

Darby, 

DeSaussure, 

DeTreville, 

Duncan, 

DuPre,  • 

Ellis, 

English, 

Finley, 

Foster, 

Gadberry, 

Geiger, 

Glover, 

Gourdin,  T.  L 

Harrison, 

Hayne, 

Henderson, 

Hunter, 

Ingram, 

Jackson, 

Jeflferies, 


Messrs.  Johnson, 
Kershaw, 
Landrum, 
Logan, 
McCrady, 
Mclver, 
McKce, 
Manning, 


Maxwell, 
Mayes, 
Mazyck, 
Means, 

Middleton,  J.  I. 
Miles, 
Noble, 
Nowell, 
Perrin, " 
Pope, 
.  Porcher, 
Prcssley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhodes, 

Richardson,  F.  D. 
Sessions, 
Smyly, 
Snowden, 
Springs, 

Thompson,  R.  A. 
Thomson,  Thomas 
Tompkins, 
Townsend, 
Wardlaw,  D.  L. 


126 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Wardlaw,  F.  H. 
Watts, 
.Wier, 
Wilson,  I.  D. 


Messrs.  Wilson,  J.  H. 
Withers, 
Woods, 
Youoo:. 


Those  who  voted  in  the  negative,  are 


Hon.  D. 
Messrs.  Atkinson, 
Bethea, 
Bonneau, 
Brown,  C.  P. 
Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Cauthen, 
Clarke, 
Crawford, 
Da  van  t, 
Dunkin, 
Evans, 

Fair, 

Flud, 

Fraiupton, 

Furuian, 

Garlington, 
•     Gist, 

Gregg,  Maxcy 

Hanckcl, 

Harllee, 

Honour, 

Hutson, 

Jenkins,  John 

Jenkins,  J.  E. 


F.  Jamison,  President  j  and 
Messrs.  Kilgore, 
Kinard, 
Kinsler, 
Lawton, 
Magrath, 
Memminger, 
Moore, 
Moorman, 
O'Hear, 
Parker, 
Rhett, 

Richardson,  J.  P. 
Robinson, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  (^.  W.,  Sr. 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

bimpson, 
'  Smith, 

Spain, 

Spratt, 

Timraons, 

Wagner, 

Wilson,  W.  B. 


So  the  motion  was  agreed  to. 

The  Convention  proceeded  to  the  consideration  of  the  report  of  the 
Committee  on  the  Slaveholding  States  of  North  America. 
Mr.  Finley  offered  the  following  amendment : 


SATURDAY,  DECEMBER  29,  1860.  127 

And  that  if  such  proposition  shall  be  accepted,  that  said  Commis- 
sioners be  authorized  to  propose  to  the  said  seceding  States  to  appoint 

the day  of  February  next,  for  the  election  of  the  President  and 

Vice  President  of  the  Southern  Confederacy  by  electors  previously 
chosen  by  them  ;  and  also  to'appoint  such  times  for  the  election  of 
Senators  and  Representatives  of  the  Government  to  be  organized  as 
■will  enable  the  said  Government  to  be   inaugurated  at  the  City  of 

in  the  State  of  ,    or  such    other  place-  as  may  be 

agreed  on,  and  go  into  operation  on  the  twenty-second  day  of  February, 
in  the  year  one  thousand  eight  hundred  and  sixty-one. 

And  that  whenever  the  said  Permanent  Government  shall  be  agreed 
on  and  be  organized,  the  said  Provisional  Government,  and  all  ofl&ces 
created  under  the  authority  of  the  said  Government,  shall  utterly  cease 
and  be  abolished. 

Mr.  Maxcy  Gregg  offered  the  following  as  an  amendment  to  the  first 
resolution;  which,  on  motion  of  Mr.  Pressley,  was  ordered  to  lie  on  the 
table : 

That  the  President  of  the  Convention  be  instructed  to  transmit  to  the 
Conventions  of  the  People  that  maybe  assembled  in  other  Slaveholding 
States,  copies  of  our  Ordinance  of  Secession,  v?ith  a  respectful  invita- 
tion to  them  to  join  in  the  formation. of  a  Southern  Confederacy. 

The  first  resolution  was  adopted. 

Mr.  Fair  moved  that  the  second  resolution  be  ordered  to  lie  on  the 
table;  and  the  question  being  put,  will  the  Convention  agree  thereto? 
it  passed  in  the  negative. 

Yeas,  56 ;  nays,  73. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  v6ted  in  the  affirmative,  are 

Messrs.  Atkinson,  Messrs.  Campbell, 

Bcaty,  Caughman, 

Bethea,  Cauthen, 

Bonneau,  Cheves, 

Brown,  C.   P.  Clarke, 

Burnet,  Dafby, 

Caldwell,  Duncan, 

Calhoun,  DuPrc, 


128 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  English, 

Messrs.  Moorman, 

Fair, 

Parker, 

Fiud, 

Perrin, 

Garlington, 

Porcher, 

Geiger, 

'     Kliett, 

Gist, 

•  .           llichardson,  J.  P. 

Gregg,  Maxcy, 

Robinson, 

Hanckel, 

Rutledge, 

Harrison, 

Scott, 

Honour, 

Seabrook,  G.  W.,  Sr, 

Hutson, 

Shingler,  J.  M. 

Jackson, 

Simons, 

Jefferies, 

Simpson, 

Jenkins,  John 

Smith, 

Kilgore, 

Snowden, 

Kinard, 

Spain, 

Kinsler, 

Spratt, 

Mclver, 

Wagner, 

Mazyck, 

Wardhiw,  D.  L. 

Middleton,  J.  Izard 

Wier. 

Those  who  voted  in  the  negative,  are 


Hon.  ]). 
Messrs.  Allison, 
Ayer, 
Barron, 
liartou, 
Bellinger, 
Brown,  A.   II. 
Cam, 
Carroll, 
Charles, 
Chesnut, 
Davant, 
DeSaussure, 
DeTreville, 
Duukin,  • 

Ellis, 
Evans, 


F.  Jamison,  President;  and 
Messrs.  Finley, 
Foster, 
Fraiupton, 
Furman, 
Gadberry, 
-Glover, 
Grisham,     . 
llarllee, 
Hayne, 
Hunter, 
Ingrauj, 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
Landruiu, 
Lawton, 


SATURDAY,  DECEMBER  29,  1860. 


129 


Messrs.  Logan,  ; 

McKee, 
Magrath, 
Manning, 
Maxwell, 
Mayes, 
Means, 
Memminger, 
Miles, 
Moore, 
Noble, 
Nowell, 
O'Hear, 
^        Pope, 
Pressley, 
Quattlebaura, 
Rainey, 
Reed, 
Rhodes, 
Richardson,  F.  D. 


Messrs.  Rowell, 

Seabrook,  E.  M. 

Sessions, 

Shingler,  W.  P. 

Smyly, 

Springs, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  F.  H. 

Watts, 

Wilson,  I.  D. 

Wilson,  J.  IT. 

Wilson,  W.  B. 

Withers, 

Woods, 

Youns:. 


So  the  motion  was  not  agreed  to. 

Mr.  Maxey  Gregg  offered  the  following  amendment  to  the  second 
resolution,  which  was  agreed  to  :         • 

Provided,  That  the  said  Provisional  Government,  and  the  tenures  of 
all  officers  and  appointmefits  arising  under  it,  shall  cease  and  determine, 
in  two  years  from  the  first  day  of  July  next,  or  when  a  Permanent 
Governpient  shall  have  been  organized. 

Mr.  INIaxcy  Gregg  offered  the  following  amendment  to  the.  second 
resolution  : 

With  the  proviso  that  the  basis  of  representation  in  Congress  shall 
be  the  whole  population,  not  excluding  any  part  of  the  slaves. 

Mr.  Reed  moved  that  the  amendment  be  ordered  to  lie  on  the  table ; 
and  the  question  being  put,  will  the  Convenfion  agree  thereto?  it 
passed  in  the  affirmative. 

Yeas,  109;  nays,  22. 
17 


130 


JOURNAL  OF  THE  CONVENTION, 


The  yeas  and  nays  were  demanded,  and  are  as  follows: 
Those  who  voted  in  the  affirmative,  are 


Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Allison, 

Messrs.  Garlington, 

Barron, 

Geiger, 

Barton, 

Glover, 

Beaty, 
Bellinger, 

Gourdin,  R.  N. 
Grisham, 

Bethea, 

Harllee, 

Bonneau, 

Harrison, 

Brown,  A.  H 

Hayne, 

Burnet, 

Honour, 

Caldwell, 

Hunter, 

Calhoun, 

Hutson, 

«••  ,    Campbell; 
Cam, 

Ingram, 
Jackson, 

Carroll, 

Jefferies, 

CaughmaDy 
Cauthen, 

Johnson, 
Kershaw, 

Charles, 

Kilgore, 

Chesnut;, 

Kinard, 

Cheves, 

Landrum, 

Clarke, 

Lawton, 

Crawfordy 

Logan, 

Darby, 
Davant, 

McCrady, 
Mclver, 

Davis, 

McKee, 

DeSaussure,, 

Magrath, 

DeTrevillC; 

Manning, 

Duncan, 

Maxwell, 

Dunkin, 

Mayes, 

Ellis, 

Means, 

English, 
Evans, 

Memminger, 
Miles, 

Finley^ 
Foster, 

Moore, 
Moorman, 

FramptOD, 
Furman, 

Noble, 
O'Hear, 

Gadberry, 

Perrin, 

SATURDAY,  DECEMBER  29,  1860. 


131 


Messrs.  Pope, 

Porcher, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P, 
Robinson, 
Rowell, 

Seabrook,  E.  M. 
•         Sessions, 

Shingler,  W.  P. 
Simpson, 
Smyly, 
Snowden, 


Messrs.  Spratt, 
Springs, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wagner, 
Wannamaker, 
'  Wardlaw,  F.  H. 
Watts,  • 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Youtfg. 


Those  who  voted  in  the  negative,  are 


Messrs.  Atkinson, 

Brown,  C.  P. 

DuPre, 

Fair, 

Flud, 

Gist, 

Gregg,  Maxcy 

Hanckel, 

Jenkins,  John 

Jenkins,  J.  E. 

Kinsler, 


Messrs.  Mazyck, 

Middleton,  John  Izard 

Nowell, 

Parker, 

llutledge, 

Scott, 

Sea'brook,  G.  W.,  Sr., 

Shingler,  J.  M. 

Simons, 

Smith, 

Spain. 


So  the  motion  was  agreed  to. 

Mr.  Mazyck  ofifered  the  following  amendment,  which  was  ordered  to 
lie  on  the  table : 

And  with  the  distinct  understanding  and  stipulation  that  such  Pro- 
visional Government  shall  not  be  authorized  to  impose  any  duty  on 
imports  exceeding  one-te»th  of  the  value  of  the  article  imported,  and 
that  the  power  to  regulate  commerce  shall  be  declared  not  to  include 
the  power  to  prohibit  any  branch  of  commerce. 


132      JOURNAL  OF  THE  CONVENTION, 

Mr.  Pope  offered  the  following  aniendment  to  tUe  third  resolution, 
which  was  agreed  to  : 

« 

And  that  the  same  Convention  of  seceding  States  shall  proceed 
forthwith  to  consider  and  propose  a  Constitution  and  plan  for  a  Perma- 
nent Government  for  such  States,  which  proposed  plan  shall  be  referred 
back  to  the  several  Slate  Conventions  for  their  adoption  or  rejection. 

Mr.  Pope  offered  the  following  amendment : 

That  eight  Deputies  shall  be  elected  by  ballot  by  this  Convention, 
who  shall  be  authorized  to  meet  in  Convention  such  Deputies  as  may  be 
appointed  by  the  other  Slaveholding  States  who  may  secede  from  the 
Federal  Union,  for  the  purpose  of  carrying  into  effect  the  foregoing  reso- 
lutions, and  that  it  be  recommended  to  the  said  States,  that  each  State 
be  entitled  to  one  vote  in  the  said  Convention,  upon  all  questions  which 
may  be  voted  upon  therein  ;  and  that  each  State  send  as  many  Depu- 
ties as  are  equal  in  nymber  to  the  number  of  Senators  and  Eepresent- 
atives  to  which  it  was  entitled  in  the  Congress  of  the  United  States. 

Mr. moved  that  the  amendment  be  ordered  to  lie  on  the 

table;  and  the  question  being  put,  will  the  Convention  agree  thereto  ? 
it  passed  in  the  negative. 

Yeas,  52;  nays,  79. 

The  yeas  and  nays  were  demanded,  and  are  as-follows : 

Those  who  voted  in  the  affirmative,'  are 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Barron,  Messrs.  Foster, 

Bonneau,  Gadberry, 

Carn,  Garlington, 

Carroll,  Geiger, 

Caughman,  Glover, 

Chesnut,  Gourdin,  R.  N. 

Cheves,  Hayne, 

Darby,  Ingram, 

Davis,  Johnson,  • 

DeSaussure,  Kershaw, 

Duncan,  Kilgore,  .  • 

Evans,  Laudrum, 

Finley,  M  elver, 


SATURDAY,  DECEMBER  29,  1860. 


133 


Messrs.  McKee, 

• 

Messrs.  Thomson,  Thorn 

Manning, 

Tompkins, 

Mazyck, 

Wanuamaker, 

Means, 

Wardlaw,  D.  L. 

Middleton,  John  Izard 

Wardlaw,  F^  H, 

Miles,  • 

Watts, 

Moore, 

Wier, 

Noble, 

Wilson,  I.  D. 

Perrin, 

Wilson,  J.  H. 

Reed, 

Withers, 

Rhodes, 

Woods, 

Springs, 

Young, 

Thompson,  R. 

A. 

Those  who  voted  in 

the  negative 

!,  are 

Messrs.  Allison, 

Messrs.  Frampton, 

Atkinson, 

Furman, 

Ayer, 

Gist, 

Barton, 

Gourdin,  T.  L, 

Beaty,' 

Gregg,  Maxcy 

Bellinger, 

Ilanckel, 

Bethea, 

Harllee, 

Brown,  A.  H. 

Harrison, 

Burnet, 

Honour, 

Caldwell, 

Hunter, 

Calhoun, 

Hutson, 

Campbell, 

Jackson, 

.    Cauthen, 

Jefferies, 

Charles, 

Jenkins,  John 

Clarke, 

Jenkins,  J.  E. 

Crawford, 

Kinard, 

Davant, 

Kinsler, 

DeTreville, 

Law  ton, 

Dunkin, 

Logdn, 

DuPre, 

McCrady, 

Ellis, 

Magrath, 

.  English, 

Maxwell, 

Fair, 

Mayes, 

Flud, 

MemmiDger, 

134  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Moorman,  Messrs.  Seabrook,  G.  W.,  Sr. 

Nowell,  Sessions, 

O'Hear,  Shingler,  J.  M. 

•      Parker,  Shingler,  W.  P. 

Pope,  Simons, 

Porchcr,  Simpson, 

Pressley,  Smith, 

Quattlebaum,  .  Smyly, 

Rainey,  Snowden, 

Rhett,  Spain, 

Richardson,  ,F.  D.  Spratt, 

Richardson,  J.  P.  Timmons, 

Robinson,  Townsend, 

Rowcll,  Wagner, 

Rutledge,  Wilson,  W.  B. 
Seabrook,  E.  M.  . 

So  the  motion  was  not  agreed  to. 

The  President  laid  before  the  Convention  certain  despatches  from  the 
Commissioners  at  Washington. 

On  motion  of  Mr.  DeTreville,  the  Convention  proceeded  to  the  con- 
sideration of  the  following  resolutions  : 

Resolved,  That  the  Governor  be  authorized  and  requested,  forthwith, 
to  cause  to  be  enlisted  into  the  service  of  the  State,  for  the  term  of 
six  months,  at  such  rate  of  ^compensation  and  emolument  as  is  now 
allowed  by  the  Federal  Government  to  its  infantry  soldiers,  two  regi- 
ments of  six  hundred  and  forty  privates  each,  to  be  divided  into  eight 
companies  each  ;  and  also  that  he  do  appoint  suitable  persons  to  com- 
mand the  said  regiments  and  companies,  and  supply  all  vacancies  from 
time  to  time,  subject  to  the  approval  of  the  Senate. 

Resolved,  further,  That  as  soon  as  a  sufficient  number  of  companies 
shall  be  enlisted,  officered  and  properly  drilled,  they  be  employed  to 
relieve  the  volunteers  now  in  possession  of  the  forts  in  this  State. 

And,  pending  the  6onsidei;ation  thereof,  the  Convention  was  adjourn- 
ed at  four  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


SUNDAY,  DECEMBER  30,  1860. 


135 


SUNDAY,  DECEMBER  30,  1860. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Allison, 
Atkinson, 
Ayer, 
Beaty, 
Bellinger, 
Bethea, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut,. 
Cheves, 
Clarke, 
Crawford, 
Darby, 
Davant, 
Davis, 

DeSaussurOj 
DeTreville, 
Duncan, 
Dunkin, 
DuPre, 


Messrs.  Easley, 
ElUs, 


English, 
Evans, 
Fair, 
Finley, 
Flud, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geiger, 
Gist, 
Glover, 

Gourdin,  R.  N. 
•Gourdin,  T.  L. 
Gregg,  Maxcy 
Grisham, 
Hanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hunter, 
Hutson, 
Jackson, 
Jeflferies, 
Jenkins,  John 
Jenkins,  J.  E. 


136 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Johnson, 

,  Messrs.  Richardson,  F.  D. 

Kershaw, 

Robinson, 

Kilgore, 

Rowel  1, 

Kinard, 

Seabrook,  E.  M. 

Kinsler, 

Seabrook,  G.  W., 

Landrum, 

Sessions, 

Lewis, 

Shingler,  J.  M. 

McCrady, 

Shinglei;,  W.  P. 

Mclver, 

Simons, 

McKee, 

Simpson, 

Magrath, 

Smith, 

Maxwell, 

Smyly, 

Mayes, 

Snowden, 

Mazyck, 

Spain, 

Means, 

Spratt, 

Memiuinger, 

Springs, 

Middleton,  John  Izard 

Stokes, 

Miles, 

Thompson,  R.  A. 

Moore, 

Timmons, 

Moorman, 

Tompkins, 

Noble, 

Townsend, 

Nowcll, 

Wardlaw,  D.  L. 

O'Hear, 

Wardlaw,  F.  H. 

Parker, 

Watts, 

Perrin, 

Wier, 

Porcher, 

Wilson,  L  D. 

Pressley, 

Wilson,  J.  H. 

Quattlebauni, 

Wilson,  W.  B. 

Rainey, 

Withers, . 

Rhett, 

AVoods, 

Rhodes, 

Young. 

Sr. 


The  journal  of  yesterday's  proceedings  was  read. 
The  following  communication  was  receiv.ed  from  his  Excellency  the 
Governor :  • 

Executive  Office, 
Charleston,  December  30,  1860. 
To  the  President  of  the  Convention  : 

By  an  Ordinance  of  your  body,  transmitted  to  me,  T  am  required  to 
nominate  immediately  four  gentlemen,  as  a  Council  of  State. 


SUNDAY,  DECEMBER  30,  1860.  137 

I  therefore  hereby  nominate  to  the  Convention,  for  their  confirma- 
'tion :  IIou.  David  F.  Jamison,  of  Barnwell  District;  Hon.  A.  G. 
Magrath,  of  Charleston;  Hon.  C.  G.  Memmingor,  of  Charleston;  and 
Hon.  A.  C.  Garlington,  of  Newberry  District. 

Respectfully, 

F.  W.  PICKENS. 

On  motion  of  Mr.  R.  N.  Gourdia,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  Maxcy  Gregg  moved  that  the  communication  of  his  Excellency 
the  Governor  be  ordered  to  lie  on  the  table  till  to-morrow;  which 
motion  was  not  agreed  to. 

Mr.  Furman  offered  the  following  resolution,  which  was  considered 
immediately,  was  agreed  to,  and,  on  motion  of  Mr.  Fair,  was  ordered  to 
be  made  public  : 

Resolved,  That  so  soon  as  this  Convention  shall  have  disposed  of 
such  questions  as  it  may  be  necessary  to  the  public  safety  to  consider 
immediately,  it  will  adjourn. 

On  motion  of  iMr.  DeTreville,  the  nomination  bj  his  Excellency  the 
Governor,  of  the  {Executive  Council,  was  confirmed  ; 

And,  on  motion  of  Mr.  Fair,  was  ordered  to  be  made  publie. 

Certain  despatches  from  the  Commissioners  at  Washington  and  othfers, 
were  read. 

Mr.  Miles  offered  the  followinj;  resolution,  which  was  considered  ini- 
mediately,  and  was  agreed  to:. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  vigor  of 
military  preparation  and  defence  should  not  be  relaxed ;  and  that  a 
copy  of  this  resolution  be  immediately  communicated  to  the  Governor. 

The  Convention  resumed  Jhc  consideration  of  the  resolutions  (offered 
by  Mr.  DeTreville)  authorizing  the  Governor  to  cause  two  regiments  to 
be  enlisted  in  the  service  of  the  State. 

And,  on  motion  of  Mr.  Chcves,  it  was 

Resolved,  That  these  resolutions  be  referred   to  the  Governor  and 
Council,  and  be  made  the  special   order  of  the  day  for  to-morrow,  at 
eleven  o'clock,  A.  M. 
18- 


138 


JOURNAL  OF  THE  CONVENTION, 


Mr.  A.  II.  Brown  offered  the  following  resolutions : 

Resolved,  That  the  Governor  be  advised  to  move  or  destroy  the  bea- 
cons on  Sullivan's  Island  and  Morris*  Isl{iud,  and  on  the  Main  of  Christ 
Church,  and  also  forbid  the  lighting  of  the  lamps  at  the  Liulit-House, 
Castle  rinckney  and  at  Battery  Square,  till  furtlier  directed,  and  to  re- 
move the  buoys. 

And  he  it  further  Resolved,  That  the  Cutter  in  the  service  of  the 
8tate  do  receive  on  board  a  competent  corps  of  experienced  pilots,  who 
shall  be  required  to  board  all  neutral  vessels,  and  safely  to  conduct  them 
into  the  port;  and  also  safely  to  pilot  out  of  the  harbor  such  as  may  be 
duly  authorized  to  put  to  sea,  and  that  no  other  boats  be  permitted  to 
act  in  this  service  or  as  pilots,  till  otherwise  directed. 

And,  pending  the  consideration  thereof,  the  Convention  was  adjourned 
at  half-past  clcveu "O'clock,  A.  M. 

B.  F.  ARTHUR, 

Chrli  of  the   Convention. 


MONDAY,  DECEMBER  31,  1860.     . 

• 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
T.  R.  English.  •.• 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names  : 


Mes%fs.  Allison, 
Appleby, 
Atkinson, 
Barton, 
Beaty, 
Bellinger, 
Bcthea, 
.  Bonneau, 
Brown,  A.  H. 
Burnet; 


Messrs.  Cain, 

Caldwell, 
Calhoun, 
Campbell, 
Cam, 
•     Ca  rroll, 
Caughman, 
Cautheu, 
Charles, 
Chesuut, 


MONDAY,  DECEMBER  31,  1860. 


139 


Messrs.  Cheves, 

Messrs.  Jenkins,  J.  E. 

Clarke, 

Johnson, 

Crawford, 

Kershaw, 

Darby, 

Kilgore, 

Davant, 

Kinard, 

Davis, 

Kinsler, 

DeSaussure, 

Landrum, 

Duncan, 

Lawton, 

Dunkin, 

Lewis, 

Dunovant,  A.  Q. 

Logan, 

DuPre, 

Mclver, 

Easley, 

McKee, 

Ellis, 

Maxwell, 

English, 

Mayes, 

Evans, 

Mazyck, 

Finley, 

Means, 

Flud,  . 

Meinminger, 

Foster, 

Middlcton,  John  Izard 

Frampton, 

Middletou,  Williams 

Furnian, 

Miles, 

Gadberry, 

Moore,  ' 

Garlington, 

Moorman, 

Geiger, 

Noble, 

■  Glover, 

Nowell, 

Gourdin,  R.  N. 

O'Hear, 

Gourdin,  T.  L. 

.Parker, 

Gregg,  Jlaxcy 

Perrin, 

Gregg,  William 

Porch  er. 

Grisham, 

Pressley, 

Hanckcl, 

Quattlebaum,     . 

Ilarllee, 

Rainey, 

Harrison, 

Rhett, 

Hayne, 

Rhodes, 

Henderson, 

Rowell,  ■ 

Honour, 

Rutledge, 

Hunter, 

Scott, 

Hutson, 

Sessions, 

Jackson, 

Shingler,  J.  M. 

Jefferies, 

Shinglcr,  W.  P. 

Jenkins,  John 

Sirapf'OD, 

•  140  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Sims,  Messrs.  "Wardlaw,  D.  L. 

Smith,  •  Watts, 

Smyly,  Wier, 

Snowden,  Wilson,  I.  D. 

Spain,  Wilson,  J.  H. 

Spratt,  Wilson,  W.  B. 

Springs,  Withers, 

Thompson,  R.  A.  Woods, 

Timmons,  *                                     Young. 
Tompkins, 

The  journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  R.N.  Gourdin,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  A.  IT.  IJrown  asked  and  obtained  leave  to  withdraw  the  resolu- 
tions offered  by  him  yesterday. 

The  following  comniunication  was  received  from  his  Excellency  the 
Governor,  and  on  mo'iion  of  Mr.  DeTreville,  the  communication  and 
the  accompanying  resolutions  were  made  the  special  order  of  the  day 
for  this  day.  at  eleven  o'clock,  A.  M.,  in  connection  with  the  resolu- 
tions offered  by  Mr.  DeTreville,  on  the  same  subject: 

Executive  Department, 
31  December,  1860. 
To  the  President  and  Delegates  of  the   Convention  :  ^ 

I  received  the  resolution  in  relation  to  raising  and  eplisting  two 
regiments  of  infantry;  and  after  full  consultation  with  the  Executive 
Council,  I  herewith  enclose  the  resolutions  we  agreed  to. 

And  I  most  respectfully  urge  the  adoption  of  the  principles  and 
plan  suggested  in  the  sjime  as  a  measure  well  calculated  to  advance  the 
public  service. 

F.  W.  PICKENS. 

The  resolutions  referred  to  in  the  message  of  his  Excellency  the 
Governor  are  as  follows  : 

Resolved,  That  the  Governor  be  authorized  and  requested  forthwith 
'  to  cause  to  be  enlisted  into  the  service   of  the  State,  for  the  term  of 


MONDAY,  DECEMBER  31,  1860.  141 

twelve  months,  at  suet  rates  of  compensation  and  emolument  as  are  now 
allowed  by  the  Federal  Government,  one  regiment  of  640  privates, 
to  be  divided  into  eight  companies,  and  that  he  appoint  suitable  persons 
to  command  the  said  regiment  and  .companies,  and  from  time  to  time 
to  supply  vacancies,  subject  to  the  approval  of  the  Senate;  the  said 
officers  to  be  entitled  to  the  same  pay  and  emoluments  as  is  allowed  by 
the  Federal  Government  to  officers  of  similar  grade  in  that  service. 
And  that  the  Governor  be  also  authorized,  whenever  the  public  interest 
may,  in  his  opinion,  require  it,  to  enlist  for  a  period  not  exceeding 
twelve  months,  another  regiment,  with  a  like  number  of  officers  and 
privates,  and  like  pay  and  emoluments,  the  officers  to  be  appointed  in 
the  same  manner  as  the  former. 

2.  That  the  Governor  be  also  authorized  to  appoint  three  or  more 
engineers,  and  to  organize  a  corps  as  soon  as  the  same  can  be  done ;  the 
rank  of  the  chief  to  be  that  of  a  captain  of  engineers,  and  the  pay  and 
emoluments  to  be  the  same  as  are  allowed  by  the  Federal  Government 
to  officers  of  the  like  employment  and  rank. 

3.  Resolved,  further,  That  as  soon  as  a  sufficient  number  of  com- 
panies shall  be  enlisted,  officered  and  properly  drilled,  they  be  employed 
to  relieve  the  volunteers  now  in  the  possession  of  the  forts  in  this  State. 

SPECIAL   ORDER. 

On  motion  of  Mr.  DcTreville,  the  .Convention  proceeded  to  the  con- 
sideration of  the  communication  of  his  Excellency  the  Governor,  and 
the  accompanying  resolutions,  together  with  the  resolutions  on  the  same 
subject  oflFered  by  Mr.  DeTreville;  which  had  been  made  the  special 
order  of  the  day  for  this  day,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  DcTreville,  the  resolutions  offered  by  Mr.  Dc- 
Treville were  ordered  to  lie  on  the  table;  and  the  resolutions  accom- 
panying the  message  of  his  Excellency  the  Governor  were  taken  up. 

Mr.  Hanckel  moved  that  the  second  "resolution  be  stricken  out; 
which  motion  was  not  agreed  to. 

On  motion  of  Mr.  Chesnut,  the  following  words  were  added  to  the 
third  resolution  :  "Or "otherwise,  at  the  discretion  of  the  Commander- 
in-Chief." 

On  motion  of  Mr.  Magrath,  the  first  resolution  was  amended  by  add. 
ing  :  "And  armed  in  such  manner  and  for  such  service  as  the*  Gover- 
nor may  approve." 

Mr.  DcTreville  offered  the  following  amendment,  which  was  agreed 
to:  ■ 


142  JOURNAL  OF  THE  COiSfVENTION, 

4.  That  as  soon  as  either  of  thq  said  regiments  shall  be  organized, 
they  shall  be  subject  to  such  of  the  rules  and  articles  of  war  at  present 
known  and  used  in  the  army  of  the  United  States,  as  may  be  approved 
by  the  Governor  of  this  State. 

Mr.  McCrady  offered  the  following  amendment  to  the  first  resolution  ; 
which,  on  motion  of  Mr.  E.  M.  Seabrook,  was  ordered  to  lie  on  the 
table  : 

Strike  out  "for  the  term  of  twelve  months,"  and  insert  in  lieu  there- 
of: "during  the  pleasure  of  the  State,  not  less  than  one  year  nor  more 
than  five  yoai's." 

The  resolutions,  as  amended,  were  agreed  to ;  and  a  copy  thereof 
transmitted  to  his  Excellency  the  Governor. 

Mr.  Williams  Middleton  offered  the  following  Ordinance,  which,  on 
motion  of  Mr.  CMiesnut,  was  referred  to  the  Committee  on  Foreign 
Relations : 

Be  it  ordaincd,hy  the  Ptople  of  South  Carolina,  now  met  and 
sitting  in  Convention,  That  the  Governor  be  and  he  is  hereby  empower- 
ed and  instructed,  in  case  of  any  attempt  on  the  part  of  the  Federal 
Government  of  the  United  States  to  coerce  the  Commonwealth  of  South 
Carolina,  to  i.ssue  letters  of  marque  and  reprisal  to  all  applicants  for  the 
same,  against  all  vessels  belongin<r  to  any  of  the  States  or  citizens  of  the 
States  lying  north  of  Mason  and  JDixon's  line;  and  that  during  a  state 
of  war  he  have  power  to  issue  letters  of  marque  and  rcpiisal. 

Mr.  J).  L.  Wardlaw  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to: 

Resolved,  That  it  be  referred  to  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangcuitnts  to  inquire  whether  any  reduction  can 
be  properly  made  in  the  expenses  of  the  Custom  House  and  its  inci- 
dents ;  and  if  so,  to  what  extent  and  how;  with  leave  to  report  by 
Ordinance  or  otherwise. 

I\Ir.  Hutson  offered  the  following  resolution,  which  was  referred  to 
the  Committee  on  the  Constitution  of  the  State  : 

Resolved,  That  if  they  deem  it  neces.sary,  the  Governor  and  Council 
are  authorized  and  empjowered  to  declare  martial  ^law  in  and  over  the 


•  MONDAY,  DECEMBER  31,  1860.  143 

City  of  Charleston  and  her  dependencies,  pd  to  remove  therefrom  all 
persons  whose  presence,  in  their  opinion,  shall  be  detrimental  to  the 
public  peace  :  Frovided,  that  such  power  and  authority  shall  be  at  all 
times  subject  to  be  limited,  controlled  or  revoked  hy  this  Convention, 
or  the  General  Assembly. 

Mr.  Ma^-rath  presented  a  communication  from  B.  G.  Heriot,  late 
Pension. Agent  of  the  United  States,  and  from  Beuj.  D.  Heriot,  late 
Navy  Agent  of  the  United  States;  which,  on  motion  of  Mr.  Magrath, 
were  respectively  referred  to  the  Committee  on  Commercial  Relations 
and  Postal  Arrangements. 

Mr.  Simons  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances,  which  was  considered  immediately,  and  was  agreed  to. 

On  motion  of  Mr.  John  Izard  Middleton,  leave  of  absence  was  grant- 
ed to  Mr.  Sessions,  on  account  of  illtess  in  his  family. 

The  Convention  resumed  the  consideration  of  the  Report  of  the  Com- 
mittee on  Relations  with  the  SlWcholding  States  of  North  America ; 
and  after  various  amendments,  the  report  and  resolutions  were  agreed 
to,  and  were  committed  to  the  Committee  on  Engrossed  Ordinances. 

Mr.  R.  N.  Gcurdin  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to  :  . 

Resolved,  That  it  be  referred  to  the  Committee  on  Commercial  Rela- 
tions and  Postal  Arrangements  to  inquire  into  the  condition  (5f  the  new 
Custom  House,  and  of  the  material  provided  for  its  construction,  lying 
in  the  yard,  and  to  report  whether  any  or  what  measures  may  be  neces- 
sary for  their  protection. 

GENERAL  ORDERS. 

An  Ordinance  concerning  powers  lately  vested  in  the  Congress  of  the 

United  States  ; 

An  Ordinance  concerning  judicial  powers,  and 

An  Ordinance  to  define  and  punish  treason,  were  agreed  to,  and  were 
committed  to  the  Committee  on  Engrossed  Ordinances. 

On  motion  it  was  , 

Resolved,  That  this  Convention  will  go  into  an  election  to-morrow,  at 
eleven  o'cloclv,  A.  M.,  for  eight  Deputies,  as  provided  for  by  the  reso- 
lution adopted  this  day. 


144 


JOURNAL  OF  THE  CONVENTION, 


Au  Ordinance  concerning  citizenship  was  taken  up  ;  and,  pending 
the  consideration  thereof,  the  Convention  was  adjourned  at  four  o'clock, 
P.  M. 

B..F.  ARTHUR, 

Clerh  of  the  Convention. 


TUESDAY,  JANUARY  1,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  DuPrc. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Allison, 
Appleby, 
•  Atkinson, 

Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bonncau, 
Brown,  A.  H. 
]irown,  C.  P. 
Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Cheves, 
Crawford, 


Messrs.  Darby, 
Davant, 
Davis, 
DeSaussure, 
Duncan, 
Dunkin, 
DuPre, 
Easlcy, 
Ellis, 
English, 
Evans, 
Finley, 
Flud, 
Foster, 
Frampton, 
Furman, 
Oadbcrry, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Gourdin,  R.  N. 


TUESDAY,  JANUARY  1,  1861. 


145 


Messrs.  Gourdin,  T.  L. 
Gregg,  William 
Grisham,     ' 
Hanckcl, 

Harllee, 

Harrison, 

Henderson, 

Honour,' 

Hunter, 

Hutson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore,  » 

Kinard, 

Kinsler, 

Landrum, 

Lewis, 

Logan, 

M  elver, 

McKee, 

McLcod, 

Maxwell, 

Mayes, 

Mazjck, 

Means, 

Middleton,  John  Izard 

Middleton,  Williams 

Moore, 

Moorman, 

Nowell, 

O'Hear, 

Parker. 


Messrs.  Perrin, 
Pressley, 
Quattlebaum,    • 
Rainey, 
Rhodes, 

Richardson,  F.  D. 
Robinson, 
Rowell, 
Scott, 

Seabrook,  G.  W.,  Sr. 
Sessions, 
Shingler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Sims, 
Smith, 
Smyly, 
Snowden, 
Spain, 
Spratt, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Timmons, 
Tompkins, 
Waguer, 
Wardlaw,  D.  L. 
Wardlaw,.  F.  H. 
Wier, 

Wilson,  L  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 


The  journal  of  yesterday's  proceedings  was  read,  and  the  Convenlfen 
weDt  into 

SECRET  SESSION. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
19 


146       JOURNAL  OF  THE  CONVENTION, 

State,  made  the  following  report,  which  was  considered  immediately, 
was  agreed  to,  and  ordered  to  be  transmitted  to  bis  Excellency  the 
Governor : 

The  Committee  on  the  Constitution  of  the  State,  to  whom  was 
referred  a  resolution  concerning  martial  law,  report,  that  they  have 
considered  the  same,  and  beg  leave  to  recommend  for  the  adoption  of 
the  Convention,  the  following  resolution  : 

Resolved,  That  whenever,  in  the  course  of  the  struggle  into  which 
ihe  State  now  seems  likely  to  be  drawn,  hostilities  may  be  waged  or 
threatened  against  the  City  of  Charleston,  or  its  neighborhood,  and  the 
Governor  (upon  consultation  with  the  Executive  Council)  may  deem 
the  measure  necessary,  the  Governor  is  hereby  authorized  to  declare 
and  enforce  martial  law,  in  whole  or  in  part,  in  and  over  Charleston, 
its  harbor  and  neighboring  villages;  all  the  adjacent  islands,  including 
Morris'  Island,  and  all  other  places  within  five  miles  of  the  Court 
House;  to  remove  thence  all  persons  whose  presence  he  shall  consider 
detrimental  to  the  public  service;  to  prevent  the  ingress  of  such  per- 
sons; to  regulate,  at  discretion,  all  travel  to  and  forth,  and  otherwise 
to  govern  as  in  a  camp :  Provided,  that  such  authority  shall  be,  at  all 
times,  subject  to"  be  limited,  controlled,  or  revoked  by  this  Convention, 
or  by  the  General  Assembly. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Relations  and 
Postal  Arraogements,  made  the  following  report,  which  was  considered 
immediately,  and  was  agreed  to  :  , 

The  Committee  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  was  referred  a  resolution  in  relation  to  the  new  Custom 
House,  beg  leave  to  report: 

That  they  had  before  them  the  communication  of  Col.  P^dward  B. 
White  to  the  Chairman  of  the  Committee,  under  date  22d  December, 
1860,  and  also  his  letter  to  one  of  the  Committee,  which, ire  submitted 
with  this  report. 

Col.  White  was  employed  by  the  United  States  to  superintend  the 
construction  of  the  building,  at  a  stipulated  salary,  and  gave  bond  in 
the  penalty  of  $20,000.     He  has  charge  of  the  building  and  materials. 

The  Committee,  after  mature  considenition,  are  of  opinion  that  it 
would  be  inexpedient  for  the  Convention  to  interfere  with  any  property 
of  the  United  States,  which  is  not  indispensably  necessary  for  the  pro- 
tection or  welfare  of  the  State.     Not. regarding  the  new  Custom  House 


TUESDAY,  JANUARY  1,  1S61.  147 

as  of  this  character,  the  Committee  cannot  recommend  to  the  Conven- 
tion any  action  in  reference  to  these  communications,  and  tli£y  respect- 
fully ask  leave  to  be  disclkargcd  from  the  further  consideration  of  the 
subject. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  made  the  following  report,  which  was  co'nsidered 
immediately,  and  was  agreed  to  : 

The  Committee  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  ^as  referred  the  communications  of  Benj.  D.  Heriot,  late 
Navy  Agent  of  tho  United  States,  and  of  Benj.  G.  Heriot,  late  Penson 
Agent  of  the  United  States,  beg  leave  respectfully  to  repoVt: 

That,  at  this  time,  they  would  deem  it  inexpedient  for  the  Conven- 
tion to  appoint  such  ofi&cers  for  the  State  of  South  Carolina.  Under 
Ordinances  already  passed,  matters  of  this  character  will  be  under  the 
cognizance  of  the  Legislature,  who  can  adopt  such  regulations  as  may 
be  deemed  requisite  for  the  welfare  of  the  State,  or  of  her  citizens. 
Under  these  circumstances,  the  Committee  respectfully  ask  leave  to  be 
discharged  from  the  further  consideration  of  the  subject. 

Mr.  Dunkin^  from  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  made  the  following  report: 

The  Committee  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  was  referred  the  resolution  of  inquiry  in  relation  to  the  ex- 
penses of  the  Custom  House,  beg  leave  to  report : 

That  they  have  taken  testimony  upon  the  subject,  and  they  herewith 
submit,  also,  a  written  statement  of  the  Collector.  For  reasons  which 
^n  more  properly  be  orally  communicated  to  the  Convention  than  for- 
,  mally  embodied  in  a  report,  the  Committee  recommend  that  no  altera- 
tion be  made  by  the  Convention  in  relation  to  the  said  establishment ; 
and  submit,  that  if  a  change  should  be  hereafter  deemed  necessary,  it 
may  be  more  satisfactorily  accomplished  in  the  department  of  Govern- 
ment to  which  such  matters  will  peculiarly  pertain. 

Mr.  D.  L.  Wardlaw  offered  the  following  amendment  to  the  report, 
which  was  agreed  to  : 


\ 


RemUed,  That  the  letter  of  Mr.  Colcock,  Collector  of  the  Port  of 
Charleston,  addressed  to  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  just  read  to  the   Convention,  be  filed   carefully 


us 


JOURNAL  OF  THE  CONVENTION, 


and  preserved ;  and  that  it  be  declared  that  this  Convention  expects 
the  wholo-staff  of  officers  connected  with  the  Customs,  to  be  paid  from 
the  Customs,  and  in  no  event  to  bring  a  charge  upon  the  State. 

The  report,  as  amended,  was  agreed  to.  , 

The  Convention  resumed  the  consideration  of  an  Ordinance  concern- 
ing citizenship;  and  the  question  being  put,  will  the  Convention  agree 
thereto?  it  passed  in  the  affirmative. 

Yeas,  85;  nays,  28. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  :       ^ 
Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 
Atkinson, 
Barron, 
Bellinger, 
Bethea, 
Bonneau, 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Carn,i 
Carroll, 
Caughman^ 
Cauthen, 
.    Chesnut, 
Crawford, 
Darby, 
DeTreville, 
Duncan, 
Dunkin, 
DuPre, 
Ellis,' 
English, 
Evans, 
Fair, 
Finlcy^ 
Flud, 
Foster, 


Messrs.  Frampton, 
Garlington, 
Geiger, 
Glover, 

Gregg,  William 
Grisham, 
Hai4Qkel, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hunter, 
Ingram, 
Jackson, 
Jefferies, 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
Laudrum, 
Lewis, 
McCrady, 
'jMcKce, 
McLeod, 
.Planning,  / 
Maxwell, 
Mayes, 
Mazyck, 


TUESDAY,  JANUARY  1,  1861. 


149 


Messrs.  Moore, 

Moormaa, 

Parker, 

Perrin, 

Porclier, 

Rainey, 

Richardson,  F.  D. 

Richardson,  J.  P.. 

Robinson, 

Rowell, 

vSeabrook,  E.  M. 

Sliingler,  W.  P. 

Simons, 

Sims,- 

Snowden, 


Messrs.  Spain, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Tompkins, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 
AVilson,  AV;  B. 
Withers, 
Woods, . 
Youd;;. 


Those  who  voted  in  the  negative,  are 


Erown,- A.  H. 

Brown,  C.  P. 

Campbell, 

Chcves, 

Clarke, 

Davant, 

DeSaussure, 

Easley, 

Furiiian, 

Gist, 

Gourdin,  R.  N. 

Gregg,  Maxcy 

Hutson, 

Jenkins,  J.  E. 


Messrs.  Kinsler, 
Logan, 

Middleton,  J.  Izard 
Middleton,  W.     * 
Miles,      • 
Nowell, 
O'Hear, 
Scott, 

Scabrook,  G.  W.,  Sr. 
Shingler,  J.  M. 
Smith, 
Spratt, 
Townsend, 
Wafrncr. 


The  Ordinance  was  committed  to  the  Committee  on  Engrossed  Ordi- 
nances. 

On  motion,  the  injunction  of  secrecy  was  removed  in  recpect  to  the 
Ordinances  adoptftd  yc^rdayand  to-day;  and  from  the  report  of  the 
Committee  on  Relations  with  the  Slavcholding  States  of  North  America. 

Mr.  Simons  offered  the  following  resolution,  which,  on  motion  of 
Mr.  r       '     .  was  ordered  to  lie  on  the  table : 


150  JOURNAL  OF  THE  CONVENTION, 

Resolved,  That  a  Committee  of  two  from  eacli  Congressional  district 
be  appointed  to  suggest  to  this  Convention,  Commissioners  to  the 
various  Southern  States  about  to  meet  in  Convention. 

The  Convention  proceeded  to  ballot  for  Commissioner  to  the  State  of 
Florida. 

The  Convention  proceeded  to  ballot  for  Commissioners  tp  the  States 
of  Alabama,  Mississippi,  Georgia,  Louisiana,  Texas  and  Arkansas. 

Mr.  DeTreville  presented  the  account  of  A.  J.  Burke  for  stationery, 
which  was  referred  to  the  Committee  on  Accounts. 

Mr.  Bethea,  from  the  Committee  appointed  to  count  the  ballots  cast 
for  Commissioner  to  the  State  of  Florida,  reported  that  Mr.  L.  W. 
Spratt  had  received  a  majority  of  the  ballots  cast; 

Whereupon,  the  President  announced  that  Mr.  L.  W.  Spratt  is  duly 
elected  Commissioner  to  the  State  of  Florida. 

Mr.  Gadberry  offered  the  following  resolutions  : 

Resolved,  That  the  Governor  be,  and  he  is  hereby,  authorized  to 
receive  into  the  service  of  the  State,  for  a  period  not  exceeding  six 
months,  such  Volunteer  Companies  as  may  tender  their  services,  if  in 
his  judgment  the  exigencies  of  the  times  require  the  immediate  recep- 
tion of  additional  troops. 

2.  That  the  Governor  be  authorized  to  organize  any  Companies,  so 
received,  into  Battalions,  Regiments,  Brigades  and  Divisions,  and  to 
appoint  the  Field  Officers  for  the  same,  by  and  with  the  advice  and  con- 
sent of  the  Senate  :  Provided,  that  the  Companies  to  be  received,  as 
aforesaid,  shall  consist  of  not  less  than  sixty  rank  and  file',  four  officers 
and  five  sergeants. 

3.  That  Major  Generals,  Brigadier  Generals,  and  Colonels  of  Regi- 
ments, shall  have  the  same  power  to  appoint  their  respective  staff,  as  is 
now  provided  by  law. 

Mr.  Kershaw  offered  the  following  amendment : 

Resolved,  That  the  Governor  be  authorized  to  call  into  service,  at  his 
discretion,  existing  Volunteer  Companies  attached  to  the  militia  of  the* 
State,  to  remain  in  service  only  until  superseded  by  the  organization  of 
the  force  provided  for  by  the  recent  Act  of  the  General  Assembly;  such 
.  volunteers  to  be  organized  into  Regiments,  and  to  be  commanded  by 
officers  of  their  own  selection,  made  in  the  manner  now  provided  by  the 


TUESDAY,  JANUARY  1,  1861.  151 ' 

militia  laws  of  the  State,  but  without  restriction  as  to  the  tligibility  of 
said  officers ;  and 

On  motion  of  Mr.  Means,  it  was  " 

Resolved,  That  these  resolutions  be  referred  ^to  the  Governor  and 
Council,  with  authority  to  act  upon  them,  if  they  deem  it  expedient, 
with  such  modifications  as  they  may  think  fit. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  granted  to  Mr.  Mayes, 
on  account  of  illness  in  his  family. 

Mr.  Memminger  offered  the  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

Resolved,  That  the  Goveitior  be  requested  to  issue  ^  commissioo, 
under  the  seal  of  the  State,  countersigned  by  the  Secretary  of  State, 
to  each  of  the  Commissioners  who  are,  or  may  be,  appointdd  by  this 
Convention  to  the  several  slaveholding  States,  under  the  resolutions 
adopted  by  this  body. 

On  motion  of  Mr,  E.  N.  Gourdin,  a  despatch,  received  from  Wash- 
ington, was  sent  to  his  Excellency  the  Governor  of  North  Carolina. 

Mr.  Miles,  from  the  Committee  on  Foreign  Relations,  to  whom  had 
been  referred  a  resolution  providing  for  the  issuing  of  letters  of  marque 
and  reprisal,  made  a  report,  which  on  motion  of  Mr.  D.  L.  Wardlaw, 
was  recommitted  to  the  Committee. 

On  motion,  leave  of  absence,  until  Tuesday  nest,  was  granted  to 
Mr.  iJavant,  on  account  of  important  business. 

On  motion  of  Mr.  Young,  leave  of  absence  was  granted  to  Mr. 
Watts,  on  account  of  indisposition. 

Mr.  Cam  offered  the  following  resolution,  which  was  made  the  special 
order  of  the  day  for  to-morijow,  at  one  o'clock,  P.  M.  : 

Resolved,  That  this  Convention  do  adjourn,  subject  to  the  call  of 
the  President,  on  Wednesday  next,  the  2d  instant,  at  four  o'clock, 
P.  M. 

On  motion,  the  Convention  was  adjourned  at  forty-five  minutes  past 
three  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


152 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  JANUARY  2,  18G1. 

• 
At  the  hour  to  which  the  Convention  was  adjourned,  the  President 

took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 

Kev.  J.  H.  Honour. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 

their  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer,     # 
Barroii, 
Barton, 
Bfeaty, 
Bellinger, 
Bethea, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Cam, 
Carroll, 
Caughman, 
Cauthen, 
Chesnut, 
Cheves, 
Clarke, 
Crawford, 
Darby, 
Dargan, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 


Messrs.  Dunkin, 
DuPre, 
Easley; 
Ellis, 
•English, 
Evans, 
Fair, 
Finley, 
Flud, 


Foster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gregg,  Maxcy 
Gregg,  William 
Hanckel, 
Harrison, 
•ITayne, 
Henderson, 
Honour, 
Hunter, 
Hutson, 
Jackson, 
Jefferies, 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 


WEDNESDAY,  JANUARY  2,  1861. 


153 


Messrs.  Kilgore, 
Kinard, 
Kinsler, 
Landrum, 
■  Lewis, 
Logan, 
Lyies, 
Mclver, 
McKee, 
McLeod, 
Maxwell, 
Mazyck, 
Means, 

Middleton,  J.  L 
Middleton,  Williams 
Moore, 
Nowell, 
Palmer, 
Parker, 
Perriu, 
Porch  er, 
Quattlebaum, 
lihett, 
Rhodes, 
Robinsoa, 
Rowell, 
Scott, 


Messrs.  Seabrook,  G.  W.,  Sr. 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Nimpson, 

Sims, 
.  .  Smith, 

Smyly, 

Snowden, 

Spain, 

Springs, 

Stokes, 

Thomson,  Thomas 

Timraous, 

Tompkins, 

Townsend, 

Wanna  maker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 
'     Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

YoUDff. 


The  journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to  Mr.  Moor- 
man, on  account  of  illness  in  his  family. 

Mr.  A.  H.  Brown,  from  the  Committee  appointed  to  count  the  ballots 
cast  for  Commissioners  to  the  States  of  Alabama,  Georgia,  Mississippi, 
Louisiana,  Arkansas  and  Texas,  made  the  following  report :  That  for 
Commissioner  to  Alabama,  Mr.  A.  P.  Calhoun  received  98  votes ;  scat- 
tering, 32 ;  and  that  Mr.  A.  P.  Calhoun,  having  received  a  majority  of 
the  ballots  cast,  was  consequently  elected  ; 

That  for  Commissioner  to  (he  State  of  Mississippi,  Mr.  M.  L.  Bon- 
ham  received  102  votes;  scattering,  28;  and  that  Mr.  Bonham  having 
received  a  majority  of  the  ballots  cast,  was  consequently  elected; 
*20 


154  JOURNAL  OF  THE  CONVENTION, 

Thai  for  Commissioner  to  the  State  of  Louisiana,  Mr.  John  L.  Man- 
ning received  100  votes  ;  scattering  30  ;  and  that  Mr.  Manning,  having 
received  a  majority  of  the  ballots  cast,  was  consequently  elected; 

That  for  Commissioner  to  the  State  of  Arkansas,  Mr.  A.  C  Spain" 
received  105  votes  ;  scattering  25;  and  that  Mr.  Spain,  having  received 
a  majority  of  the  ballots  cast,  was  consequently  elected ; 

That  for  Commissioner  to  the  State  of  Georgia,  no  one  had  received 
a  majority  of  the  ballots  cast,  and  that  consequently  there  was  no  elec- 
tion ;  and 

That  for  Commissioner  to  the  State  of  Texas,  no  one  had  received  a 
majority  of  the  ballots  cast,  and  that  consequently  there  was  no  elec- 
tion. 

.  Whereupon,  the  President  announced  that  Mr.  A.  P.  Calhoun  is 
duly  elected  Commissioner  to  the  State  of  Alabama  ;  Mr.  M.  L.  Bon- 
ham,  Commissioner  to  the  State  of  Mississippi;  Mr.  John  L.  Manning, 
Commissioner  to  the  State  of  Louisiana;  and  Mr.  A.  C.  Spain,  Com- 
missioner'to  the  State  of  Arkansas. 

On  motion  of  Mr.  R.  N.  Gourdin,  the  Convention  went  into 

SECRET  SESSION. 

Certain  despatches  were  read,  and  were  transmitted  to  his  Excellen- 
cy the  Governor. 

On  motion  of  Mr.  Cam,  the  Convention  proceeded  to  a  second  ballot 
for  a  Commissioner  to  Georgia  and  a  Commissioner  to  Texas. 

On  motion  of  Mr.  Miles,  the  Hon.  M.  L.  Bonham  was  excused  from 
serving  as  a  Commissioner  to  Mississippi. 

The  Convention  proceeded  to  a  second  ballot  for  Commissioner  to 
Mississippi. 

The  following  communication  was  received  from  his  Excellency  the 
Governor,  and  was  rot'errcd  to  the  Committee  on  Commercial  Relations 
and  Postal  Arrangements  : 

Executive  Department, 
2d  January,  1861. 
To  the  President  arid  Members  of  the   Convention : 

I  have  to  present  to  your  honorable  body  that  ]\Ir.  Pressley,  the 
Assistant  Treasurer  of  the  United  States,  has  informed  me  that  drafts 
are  being  presented  to  him  for  payment  of  persons  in  the  service  of 
the  United  States,  and  desires  to  know  what  he  shall  do.  I  have 
directed  him  not  to  pay  until  two  o'clock,  P.   M.,  this  day,  in  order 


WEDNESDAY,  JANUARY  2,  1861.  *    155 

that  you  may  determine  what  should  be  done  in   the  matter.     Your 
decision  I  shall  commuuicate  to  hitnf 

F.  W.  PICKENS. 

On  motion  of  Mr.  Dunkiu,  it  was 

Resolved,  That  the  Treasurer,  Mr.  Pressley,  be  enjoined  from  paying 
any  drafts  on  the  Treasury  until  the  further  action  of  this  Convention. 

Mr.  3Iaxcy  Gregg  offered  the  following  resolution  : 

Resolved,  That  if  this  Convention  shall  tcrmisate  its  present  session 
without  fixing  a  time  and  place  for  reasserablii%,  it  shall  stand  adjourned 
to  meet  at  such  time  and  place  as  the  President  shall  appoint;  and 
he  is  hereby  authorized,  whenever,  in  his  opinion,  the  public  exigencies 
shall  require,  by  notice  under  his  hand,  duly  published,  to  assemble 
the  Convention ;  and  it  shall  be  his  duty,  before  the  adjournment,  to 
appoint  a  Committee,  to  consist  of  five  members,  a  majority'  of  whom, 
or  the  survivors  or  survivor  of  them,  in  case  of  the  death  or  disqualifi- 
cation of  the  President,  shall  have  like  authority  to  assemble  the  Con- 
vention, and  appoint  a  time  and  place  foj"  its  meeting. 

Mr.  Gist  offered  the  following  amendment : 

Resolved,  That  the  President  of  this  Convention  be  authorized,  if, 
in  his  opinion,  the  public  exigencies  shall  require  it,  to  assemble  the 
Convention  at  such  time  and  place  as  he  may  determine,  before  the 
■  17th  of  December,  18G2;  and  that  he  shall  appoint  a  Committee  of  five, 
a  majority  of  whom,  or  the  survivors  or  survivor  of  such  majority,  in 
case  of  the  death  or  disqualification  of  the  President,  shall  have  like 
authority  to  assemble  the  Convention,  and  appoint  a  time  and  place  for 
its  meeting.        ^  * 

Mr.  Chevcs  offered  the  following  amendment : 

Resolved,  That  a  Committee  of  Safety  be  constituted,  to  consist  of  as 
many  members,  not  less  than  thirty-three,  as  shall  be  a.«scmhlod  after 
such  call  of  the  Convention,  to  which  is  iiereby  committed,  with  power 
to  act,  the  consideration  of  any  emergency  requiring  the  immediate  ac- 
tion of  this  Convention. 

r 

On  motion  of  Mr.  Fair,  the  resolution  and  the  amendments  were 
made  the  special  order  of  the  day  for  to-morrow,  at  one  o'clock,  P.  M. 


156  JOURNAL  OF  THE  CONVENTION, 

Mr.  Simons  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances;  which  was  considerefl  immediately,  and  was  agreed  to. 

Mr.  Simons  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  five  hundred  copies  of  the  Report  of  the  Committee 
on  Relations  with  the  Slaveholding  States  of  North  America,  with  the 
resolutions  thereto  appended,  and  of  the  Ordinances  which  may  be 
adopted,  be  printed,  and  that  each  of  the  Commissioners  to  the  Slave- 
holding  States  be  furnished  with  twenty-five  copies  for  his  use,  and 
that  the  residue  be  distributed  among  the  members  of  the  Convention. 

Mr.  Quattlcbaum,  from  the  Committee  on  Printing,  made  the  follow- 
ing report,  which  was  considered  immediately,  was  agreed  to,  and  was 
ordered  to  be  made  public : 

The  Committee  on  Printing  beg  leave  to  report,  that  the  15,000 
copies  of  the  Address  of  the  People  of  South  Carolina,  assembled  in 
Convention,  to  the  People  of  the  Slaveholding  States  of  the  United 
States;  the  Declaration  of  the  Causes  which  induce  and  justify  the 
Secession  of  South  Carolina;  and  the  Report  of  the  Committee  on  the 
Address  of  a  portion  of  the  members  of  the  General  Assembly  of 
Georgia  to  the  People  of  South  Carolina;  ordered  to  be  printed  for  the 
use  of  this  Convention,  be  disposed  of  in  the  following  manner:  100 
copies  to  each  of  the  Commissioners  to  the  several  States;  20  copies  to 
each  member  of  the  Convention  and  of  the  General  Assembly  of  South 
Carolina;  0,000  copies  to  the  '*  18G0  Association;"  and  the  balance* 
distributed  under  the  direction  of  the  Committee  on  Printing. 

Mr.  Calh'  uu,  from  tlie  ('ouniiittoe  appointed  to  count  the  ballots 
cast  for  Coannissioner  to  Georgia,  and  for  Commissioner  to  Texas,  re- 
ported that  of  the  ballots  east  for  Commissioner  to  Georgia,  Mr.  James 
L.  Orr  had  received  a  tnajority;  and 

Of  the  ballots  cast  for  Commissioner  to  Texas,  Mr.  John  McQueen 
had  received  a  majority. 

WhereupoUj  the  President  announced  that  M'*.  James  L.  Orr  is  duly 
elected  Commissioner  to  Georgia,  and  Mr.  John  McQueen  is  duly 
elected  Commi.ssioner  to  Texas. 

Mr.  Maxcy  Gregg  offered  the  following  resolutions,  which  were  re- 
ferred to  the  Committee  on  Foreign  Relations: 

Rewhf'd,  That  it  shall  be  the  duty  of  the  Governor  to  forward  copies 


WEDNESDAY,  JAl^UARY  2,  1861.  157 

of  the  Ordinance  to  dissolve  the  Union  between  the  State  of  South 
Carolina  and  otlier  States  united  with  l.cr,  under  the  coiupaot  entitled 
"the  Constitution  of  the  United  States  of  Anieiica,"  to  all  the  Minis- 
ters of  Foreign  Powers  resident  at  Washington. 

Resoheil,  That  it  shall  be  the  duty  of  the  Governor  to  adopt  such 
further  measures  as  may  be  requisite  for  making  known  in  foreign 
countries  the  separation  of  the  State  of  South  Carolina  from  the  Con- 
federacy of  the  United  States  of  vVmerica. 

Resolved,  That  the  Governor  shall  be  authorized  to  apply  a  sum  not 
exceeding  — •  ''  •  dolhrs  to  defray  the  expenses  necessary  for  the 
above  purpose,  including  the  secret  service  money  which  may  be  re- 
quired. 

Resolved,  That  it  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide and  place  at  the  disposal  of  the  Governor  the  funds  required  by 
the  foregoing  resolutions,  and  that  these  resolutions  be  accordingly 
ccmmunicated  by  the  President  of  the  Convention  to  the  Presid'ent  of 
the  Senate  and  tlio  Speaker  of  the  House  of  Representatives,  to  be  laid 
before  those  bodies  in  secret  session. 

Mr.  Carn,  froai  the  Committee  appointed  to  count  the  ballots  cast 
for  Commissionef  to  Mississippi,  reported  that  no  one  had  received  a 
majority  of  the  ballots  cast,  and  that  consequently  there  was  no  elec- 
tion. 

On  motion  of  Mr.  Cnrn,  the  Convention  proceeded  to  another  ballot 
for  Commissioner  to  Jlississijipi. 

Mr.  Thomas  Thomson,  from  the  Committee  on  Accounts,  made  a 
report : 

On  the  ac(;ount  of  Ilorton  &  Shepherd; 

On  the  account  of  ]jambert  &  Howell; 

On  the  account  of  J.  E.  Suares; 

On  the  account.of  E.  11.  Cowperthwait ; 

On  the  account  of  D.  H.  Silcox;  and 

On  the  account  of  Thomas  Aimar;  which  was  considered  immedi- 
ately, and  was  agreed  to. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Carn,  the  Convention  proceeded  to  the  considcfa- 
tioD  of  the  following  resclution,  which  had  been  made  the  special  order 
of  the  day  for  this  day,  at  one  o'clock,  P.  M.  : 


158  JOURNAL  OF  T^HE  CONVENTION, 

Resolved,  That  this  Convention  do  adjourn,  subject  to  the  call  of 
the  President,  on  Wednesday  next,  the  2d  instant,  at  four  o'clock, 
P.  M. 

On  motion  of  Mr.  Carn,  the  special  order  was  discharged,  and  was 
made  the  special  order  of  the  day  for  to-morrow,  at  one  o'clock,  P.  M. 

Mr.  Porcher  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  :   . 

Resolved,  That  a  Committee  of  three  be  appointed  to  prepare  designs 
to  be  submitted  to  thia  Convention,  from  which  to  select  a  flag,  to  be 
known  as  the  Ensign  of  the  State  of  South  Carolina. 

Whereupon,  the  President  appointed  the  following  gentlemen,  of  the 
Coniuiittce  : 

Messrs.  F.  J.  Porcher, 
R.  DeTreville, 
B.  H.  Rutledge. 

Jlr.  Cauthen,  from  the  Committee  appointed  to  count  the  ballots  cast 
for  Commissioner  to  Mississippi,  reported  that  Mr.  Armistcad  Burt 
Lad  received  a  majority  of  the  ballots  cast. 

.Whereupon,  the  President  announced  that  Mr.  Armistcad  Burt  is 
duly  elected  Commissioner  to  Mississippi. 

Mr.  Campbell  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  the  President  of  tliis  Convention  be  authorized  to 
appoint  Commissioners  to  such  of  the  Slaveholding  States  as  may  call 
Conventions  durirtg  the  recess  of  this  body,  and  to  which  Commis- 
sioners have  not  been  elected,  for  the  same  purpose  and  with  the  same 
powers  as  those  already  cloctod ;  and  that  the  Govornor  of  this  State 
be  requested  to  issue  commis.sions  to  such  ^Commissioners  in  the  manner 
and  form  of  the  commissi  jns  directed  to  be  issued  to  those  already 
appointed. 

On  motion  of  Mr.  Withers,  the  Convention  was  adjourned  at  half- 
past  one  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Lltrk  of  (ht^  Convention. 


THURSDAY,  JANUARY  3,  1861. 


159 


THURSDAY,  JANUARY  3,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
William  Curtis.  «5 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs. 


Allison, 

Appleby, 

Atkinson, 

Earron, 

Barton, 

Beaty, 

Bellinger, 

Bethea, 

Bobo, 

]?onneau. 

Brown,  A. 

Brown,  C.  1 

Cain, 

Caldwell, 

Campbell, 

Carn, 

Caughman, 

Charles, 

Cheves, 

Clarke, 

Curtis, 

Darby, 

Dargan, 

Davis, 

DcSaussure, 

DeTreville, 

Dunkin, 

DuPre, 

Easley, 

p:iiis, 

English; 


H. 


Messrs.  Evans, 
Fair, 
Fin  ley, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Gregg,  Maxcy, 
Gregg,  William 
Grisham, 
Hammond, 
Hanckel, 
Karllee, 
Harrison, 
Henderson, 
Honour, 
Hunter, 
Hutson, 
Jackson, 
Jefferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 


160 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kershaw, 

Messrs.  Rowell, 

Kil;;orc, 

Rutledge, 

Kinard, 

Scott, 

Kinsler, 

Seabrook,  G.  W.,  Sr. 

Land  rum, 

Shiugler,  J.  M. 

^Lewis, 

Shingler,  W.  P. 

Ljles, 

Simons, 

Mclver, 

Simpson, 

McKee, 

Sims, 

McLeod, 

Smith, 

Magrath, 

Snowden, 

Maxwell, 

Spain, 

Mazyck, 

Springs, 

Means, 

Stokes, 

I\Iemnnnger, 

Thompson,  R.  A. 

31iddleton, 

J.  Izard 

Thomson,  Thomas 

Middlctou, 

W. 

Timmons, 

Miles, 

Tompkins, 

Moore, 

Towusend, 

Nowell, 

Wagner, 

O'llcar, 

Wannamaker, 

Palmer, 

Wardlaw,  D.  L. 

Parker, 

Wardlaw,  F.  H. 

Perrin, 

Wier, 

Porclier, 

Williams, 

Quattlcbau 

im. 

Wilson,  J.  n. 

llainey, 

Wilson,  W.  B. 

Reed, 

Withers, 

llhctt, 

Woods, 

Rhodes, 

Young. 

Robinson, 

The  journal  of  yesterday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following  communica- 
tion : 

Charleston,  January  1,  1861. 
D.  F.  Jamison,  Esq., 

President  of  the  Convention  of  the  People  of  South   Carolina  : 

Sir  :  At  a  regular  Monthly  Meeting  of  the  St.  Andrew's  Society  of 

Charleston,  held  last  evening,-  on  motion,  it  was  unanimously  agreed, 


THURSDAY,  JANUARY  3,  1861.  161 

that  the  gratuitous  use  of  their  Hall  be  granted  to  the  Conventiou  now 
in  session. 

I  was  requested  to  communicate  the  same  to  you.  * 

I  remain,  sir,  your  obedient  servant, 

ROBERT  MURE, 
President  of  St.  Andrew's  Society  of  Charleston. 

On  motion  of  Mr.  Withers,  the  thanks  of  the  Conventiou  were  re- 
turned to  the  St.  Andrew's  Society  for  the  use  of  their  Hall,  and  to  the 
Charleston  Delegation  for  their  services  in  making  arrangements  for  the 
accommodation  of  the  Convention.       • 

Mr.  A.  H.  ]5rown  ofiered  the  following  resolution,  which,  on  motion 
of  Mr.  D.  li.  Wardlaw,  was  ordered  to  lie  on  the  table  : 

JResgh-ed,  That  all  citizens  of  the  United  States,  not  domiciled  in 
South  Carolina  at  the  time  of  the  adoption  of  the  Ordinance  of  Seces- 
sion, but  owning  real  estate  within  its  limits,  be,  and  the  same  are 
hereby,  empowered  to  hold  and  to  dispose  of  the  same  by  sale  or  other- 
wise, without  hindrance  or  molestation  by  this  Government, 

On  motion  of  Mr.  Scott,  leave  of  absence  was  granted  to  Mr.  J.  E. 
Jenkins,  on  account  of  illness  in  his  family.  # 

The  Convention  went  into 


SECRET  SESSION. 

Mr.  Dunkin,  from  the  Committee  on  Commercial  Relations  and 
Postal  Arrangements,  made  the  following  report,  which  was  ordered  for 
consideration  to-yiorrow  : 

The  Committee  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  was  referred  the  communication  of  his  Excellency  the  Gover- 
nor, in  relation  to  the  matter  of  Mr.  Pressley,  Assistant  Treasurer  of 
the  United  States,  beg  leave  to  report  i 

That  they  have  ascertained,  on  inquiry,  that  since  the  passage  of  the 
Ordinance  in  reference  to  the  Customs,  no  funds  have  been  paid  by  the 
Collector  to  the  Assistant  Treasurer,  but  the  duties  have  been  deposited 
in  the  Treasury  of  the  State  of  South  Carolina.  Mr.  Prc.«sley  has 
received  about  four  hundred  dollars  from  the  Post  ©fficc,  which,  with 
other  funds  from  Che  Post  Office  before  received,  is  paid  out  by  him  to 
the  railroads  and  other  contractors  for  carrying  the  mails.  Much  of 
21 


• 


162  JOURNAL  OF  THE  CONVENTION, 

this  is  already  checked  for,  and  his  application  to  the  Governor  was  not 
in  reference  to  this  fund. 

But  tHe  Assistant  Treasurer  has  other  funds  in  his  hands  belonging 
.exelusi^-el}'  to  the  United  States.  They  arise  from  duties  collected  in 
August^!  (Georgia),  Chattanooga  and  Knoxville  (Tennessee);  from  the 
land  office  in  Alabama;  from  the  mint  at  Dahloucga,  and  about  S9,000 
in  silver  received  from  the  mint  in  Philadelphia.  Some  of  these  funds 
stood  to  the  credit  of  particular  persons  (as  the  Committee  understood). 
Among  them,  the  sum  of  ^3,400  was  subject  to  the  draft  of  Major 
Hutto,  Paymaster  of  the  United  States;  and  the  inquiry  which  he  had 
proposed  was  in  relation  to  draffs  on  this  fund,  and  was  made  in  con- 
sequence of  a  previous  intimation  from  the  Governor. 

When  the  Committee  have  informed  the  Convention  from  what 
source  the  funds  in  the  charge  of  the  Assistant  Treasure*  have  been 
derived,  and  to  whom  they  belong,  the  principal  duty  assigned"  to  the 
Committee  has  been  discharged,  and  the  Convention  have  the  informa- 
tion •which  may  determine  their  action.  When  war  has  been  declared, 
the  public  property  of  an  enemy  may  be  confiscated.  Cases  sometimes 
arise,  and  have  arisen,  which  may  justify  such  procedure  without  a  pre- 
vious declaration  of  hostilities.  These  are  extreme  cases,  and  must 
necessarily  dcp#d  upon  the  exigency  of  the  occasion  to  warrant  an 
extraordinary  procedure.  The  communication  of  the  Governor  relates 
to  drafts  .Oor  payment  of  persons  in  the  service  of  the  United  States. 
Whether  it  is  expedient  for  the  Convention  to  interfere  and  stop  the 
payment  of  these  drafts,  is  a  question  for  their  own  proper  consideration. 

•  The  President  read  to  the  Convention   certain   despatches  received 
from  the  Conunissioners  at  Washington. 

Mr.  Quattlebaum  offered  the  following  rc3olution,*wliich  was  con- 
sidered immediately,  and  was  agreed  to : 

Resolved,  That  in  case  of  the  death,  resignation,  inability  or  refusal 
to  serve  of  any  of  the  Commissioners  elected  to  the  several  States,  the 
President  of  this  Convention  is  hen-by  authorized  to  fill  the  vacancy  by 
appointment,  if  the  Convention  should  not  then  be  in  session;  and  it 
shall  be  the  duty  of  the  Governor  to  commission  the  person  so  ap- 
pointed. 

Mr.  Ilutsop  offered  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow :  i^-M  ^  - 


THURSDAY,  JANUARY  3,  1861.  163 

Resolved,  That  the  Convention  proceed,  forthwith,  to  ballot  for  eighit 
Deputies,  who  shall  be  authorized  to  meet  in  Convention  such  Deputies 
as  may  be  appointed  by  the  other  slaveboldinp;  States  who  may  secede 
from  the  Federal  Union. 

Mr.  Harllee  informed  the  Convention  that  Mr.-  Login,  the  Casjiier, 
and  Mr.  Pressley,  the  Deputy  Cashier,  were  absent,  in  the  discharge  of 
military  duty ;  and 

On  motion  of  Mr.  Harllee,  it  was 

Resolved,  That  the  President  appoint  a  Cashier  pro  tem.,  and  a 
Deputy  Cashier  jj/o  tem. 

.  Whereupon,  the  President  appointed  Mr.  F.  J.  Porcher,  Cashier  pro 
(em.,  and  Mr.  B.  H.  Rutledge,  Deputy  Cashier  j:)ro  tem.. 

On  motion  of  Mr.  HflHlcc,  leave  of  absence  for  three  days  was 
granted  to  Mr.  Logan  and  to  Mr.  Pressley. 

Mr.  Finley  oifered  the  following  resolutions,  which  were  made  the 
special  order  of  the  day  for  to-morrow,  at  eleven  o'clock,  A.  M.*,  and 
were  ordered  to  be  printed  : 

Whereas,  it  is  expedient  that  at  the  earliest  practicable  period,  a 
Provisional  Government  should  be  organized  for  such  of  the  slavehold- 
ing  litates  of  the  United  States  of  America,  as  shall  secede  from  the 
union  of  said  States; 

And  whereas,  it  is  re?)uisite  to  this  end  that  prompt  action  should  be 
taken  on  this  subject  by  the  Conventions  of  the  seceding  States ; 

And  whereas,  the  plan  of  a  General  Corfvention  to  set  in  tnotion  a 
Provisional  Government,  may  fail  to  effect  the  object  proposed,  either 
from  being  unacceptable  to  the  Conventions  of  the  other  seceding 
States,  or  from  the  delay  incident  to  said  plan  of  procedure;  be  it, 
therefore,  * 

Resolved,  That  it  be  recommended  to  each  of  the  Conventions  of 
such  of  the  said  States  as  shall  secede  previous  to  the  ninth  day  of 
February  next,  to  elect  at  any  time  betwcerf^ho  act  of  secession  and  the 
said  ninth  day  of  February,  a  I'resident  and  Vice  President  of  the  said 
Provisional  Government,  one  of  whom  shall  not  be  an  inhabitant  of  the 
said  seceding  State ;  and  the  persons  'having  a  majority  of  the  votes 
cast  in  each  of  said  Conventions  for  the  offices  of  President  and  Vice 
President,  shall  be  considered  entitled  to  as  many  votes  for  said  oflSces 
in  the  Provisional  Government  as  the  State  thus  voting  was,  while  one 


164  JOURNAL  OF  THE  CONVKNTI&N, 

cf  the  United  States,  entitled  to  cast  iu  the  election  of  President  and 
Vice  President  of  (he  said  United  States;  and  that  it  be  also  recom- 
mended to  each  of  said  Conventions  to  elect,'  at  the  same  time  aforesaid, 
two  Senators,  and  as  many  Representatives  as  the  seceding  State  was 
entitled  to  in  the  Congress  of  the  United  States,  previous  to  the  act  of 
secession.     And  that  the  Senators  and  Representatives,  thus  elected, 

shall  assemble  at  the  City  of in  the   State  of ,  on 

the  13th  day  of  February  next,  and  then  and  there  be  organized  as  the 
•Provisronal  Congress  of  the  Southern  Confederacy,  with  the  Constitu- 
tion of  the  United  States  as  a  basis  for  said  Provisional  Government, 
so  far  as  the  same  may  be  applicable  to  such  a  Government.  And  that 
it  be  also  recommended  to  each  of  the  said  Conventions  to  transmit  the 
result  of  the  votes  cast  for  President  and  Vice  President,  in  a  sealed 
certificate,  signed  by  the  President  of  the  said  Convention,  to  the  said 
Congress,  so  as  to  be  received  by  them  on  the  day  of  'their  assembling, 
directed  to  the  President  of  the  Senate  and  the  Speaker  of  the  House 
of  Representatives;  and  that  on  the  day  following,  all  of  the  votes  re- 
ceived be  counted  by  them  in  the  presence  of  the  Senate  and  House  of 
Representatives,  in  Congress  assembled,  and  the  result  decl^ired.  And 
the  persons  having  the  greatest  number  of  votes  for  President  and 
Vice  President,  shall  be  the  President  and  Vice  President  of  the  said 
Provisional  Government,  if  such  number  be  a  majority  of  the  whole 
number  of  votes  cast;  and  if  no  persons  hj^ve  such  majority,  thfti  the 
election  for  said  offices  shall  bo  made  and  conducted  by  the  Senate  or 
House  of  Representatives,  as  the  case  may  bi!,  in  like  manner  as  is 
prescribed  in  the  said  Constitution  of  the  United  States  for  the  offices 
of  President  and  Vice  President  of  the  said  United  States;  and  the 
persons  elected  to  said  offices,  either  by  the  said  Conventions  or  by  the 
Congress  of  the  Southern  Confederacy,  shall  hold  the  said  offices  during 
the  period  for  which  the  said  Provisional  Government  shall  continue 
to  exist,  and  no  longer.  * 

SPECIAL   ORDER. 

The  Convention  proceeded  to  the  consideration  of  the  various  resolu- 
tions in  relation  to  the  adjournment  and  reassembling  of  the  Conven- 
tion, which  had  been  made  the' special  order  of  the  day  for  this  day, 
at  one  o'clock,  P.  M. 

Mr.  Gist  withdrew  his  amendment. 

Mr.  Cheves  oflFered  the  following  amendment : 


THURSDAY,  JANUARY  3,  1861.  165 

■,     Eesohed,  That  from  the day  of  .Tanuary  to  the day  of 

the  same, members  shall  constitute  a  quorum. 

Resolved,  That  such  quorum,  when  consisting  of  less  than  a  majority 
of  the  whole,  ought  not  to  act  upon  any  matter  not  imperatively  de- 
manding action.  ' 

On  motion,  the  amendments  offered  by  Mr.  Cheves  were  ordered  to 
lie  on  the  table. 

Mr.  Mazyck  offered  the  following  amendment,  which,  on  motion  of 
Mr.  Siuyly,  was  ordered  to  lie  on  the  table : 

And  the  call  for  a  meeting  of  the  Convention  shall  be  published  in 
the  daily  newspapers  of  Charleston  and  Columbia,  at  least  five  days 
before  the  time  appointed  for  such  meeting. 

The  resolutions  offered  by  Mr.  Gregg  were  agreed  to. 

'  SPECIAL  ORDER.    '  ?t 

On  motion  of  Mr.  Carn,  the  Convention  proceeded  to  the  considera- 
tion of  the  following  resolution,  which  had  been  made  the  special  order 
of  the  day  for  this  day,  at  one  o'clock,  P.  M.  : 

Resolved,  That  this  Convention  do  adjourn,  subject  to  the  call  of  the 
Present,  on  Wednesday  next,  the  2d  instant,  at  four  o'clock,  P.   M. 

On  motion  of  Mr.  Carn,  the  resolution  was  ordered  to  lie  on  the 
table ;  and 

Mr.  Carn  offered  the  following  resolutions  : 

Resolved,  That  the  President  of  this  Convention  is  hereby  •author- 
ized to  issue  bills,  payable  at  the  Bank  of  the  State,  providing  for  the 
payment  of  the  per  diem  and  n)ileage  ie^s  of  the  members  of  this 
Convention,  at  th«  sarfie  rate  allowed  to  the  members  of  the  Legisla- 
ture. 

Resolved,  That  this  Convention  adjourn  at  four  o'clock,  P.  M.,  on 
Friday  next,  the  4th  instant,  until  such  time  as  it  may  be  convened  by 
order  of  the  President,  or  the  Committee  appointed  for  that  purpose, 
I3  case  of^his  death  or  disqualificatiou. 

Mr.  Perrin  offered  the  following  amendment  to  the  second  resolu- 
tion : 

Strike  out  all  after  the  word  "  until  "  and  insert  "  to   meet  at   this 


166 


JOURNAL  OF  THE  CONVENTION, 


place,  Wednesday,  the  23d  instant,  at  twelve  o'clock,  M.,  unless  called 
together  by  the  i'residcnt  at  an  earlier  day. 

On  motion,  the  resolutions  and  the  aniendiuuut  were  ordered  to  lie 
on  the  table.. 

On  luotiou,  the  •Convention  was  adjourned. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


FRIDAY,  JANUARY:  4,  18G1. 
« 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
^P.  J.  Wannamaker.  •  * 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
liarron, 
JJarton, 
]ieaty, 
Dcllioger, 
]iobo, 
►  JJonncau, 
Urown,  A.   11. 
Burnet, 
Caldwell, 
Calhoun, 
Campbell, 
Carn, 
Carroll, 
Caughman, 
Chcsnut, 
Cheves, 
Clarke, 
Curtis,         -U?'-g,->fc^Jb. 


Messrs.  Darby, 
Dargan, 


4tM'f: 


Davis, 

DeSaussure, 

Duncan, 

Dunkin, 

DuPre, 

Ellis, 

English, 

Evans, 

Fair, 

Finlfey,    ' 

Flud, 

Forster, 

Foster, 

Fur  man, 

Garlington, 

Geigor^ 

Glover, 

Goodwin, 

Gourdin,  R.  N. 


FEIDAY,  JANUARY  4,  1861. 


167 


Messrs.  Gourdin,  T.  L. 

Grishatri, 

Hanckel, 

Harlleo, 

Harrison,  * 

Ilayne, 

Henderson, 

Honour, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Jackson, 

Jcffcries, 
Jenkins,  Joba 
Johnson, 
Keitt, 
Kershaw, 
g  Kilgore, 

Kinard, 
Kinsler, 
Jiandruua, 
Liiwton, 
Lewis, 
McTver, 
McKee, 
jVIcLeod, 
Maiwell, 
Mazyck, 
Means, 
Meuiminger, 
Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Nowcll, 
Palmer, 
Parker, 


Messrs.  Perrin,    .      ■«ti¥&f'X-**, 

Porcher, 

Quattlebuum, 

Raincy, 

Reed, 

Rhett, 

Rhodes, 

Rutledgc, 

Scott, 

Seabrook,  E,,M. 

Seabrook,  G.  W.,  Sr. 

Shingler,  J.  M.# 

Shingler,  W.  P. 

Simons,' 

Simpson, 
Sims, 
Smith, 
Smyly, 
Spain, 
Springs, 
.  Stokes, 
Thompson,  R.  A. 
Thomson,  Thomas 
Tinmious, 
Tompkins, 
Wannaniaker, 
Wardlaw,  J).  L. 
Wardlaw,  F.  H. 
Wier, 
Williams,* 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  R. 
Withers, 
Woods, 
Young. 


The  journal  of  yesterday's  proceedings  was  read.  • 

The  President  announced  the  following  Coujmittec  to  call   together 


*  168       JOURNAL  OF  THE  CONVENTION, 

the  Convention   i«   the  event  of  the  death  or  disqualification  of  the 
President : 

Messrs.  B.  F.  Dunkin, 

D.  L.  Wardlaw.    • 
R.  ^Y.  Barnwell, 
R.  B.  Rhett, 
W.  W.  Harllee. 

On  motion  of  Mr.  Dunkin,  the  Convention,  went  into 

*  SECRET  SESSION. 

« 
The  President  read  to  the  Conventioa  certain  despatches,  which,  on 
^motion,  were  comoiynicated  to  his  Excellency  the  Governor. 

GENERAL  ORDERS. 

• 

The  Report  of  the  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  on  a  communication  from  his  Excellency  the  Governor, 
in  relation  to  drafts  on  the  Treasury,  was  taken  up.  • 

Mr.  3Iazyck  offered  the  following  resolution  : 

Resolved,  That  Mr.  B.  C.  Pressley,  late  Assistant  Treasurer  of  the 
United  States,  at  Charleston,  be,  and  he  is  hereby,  instructed  and  re- 
quired to  retain  in  his  hands  and  ptpsession,  until  the  further  order  of 
this  Convention,  all  money  receivQ^^by  him  on  account  of  the  United 
States  before  the  withdrawal  of  this  State  from  the  Federal  Union  : 
Provided,  that  this  order  shall  not  extend  to  money  received  from  Post 
Masters,  whicli  he  shall  be  authorized  to  pay  to  mail  cijntractors  in 
South  Carolina,  on  account  of  their  contracts. 

Mr.  Withers  offered  the  following  amendment,  which  was  accepted 
by  the  mover  of  the  resolution  : 

,  Whereas,  it  appears  that  certain  funds  are  in  the  custody  of  B.  C. 
Pressley,  Esq.,  Assistant  Treasurer  of  the  United  States,  which  do 
belong  to  that  power  j  but,  in  consideration  that  thQ  position  of  the 
United  States  towards  South  Carolina  is  equivocal,  seeming,  however, 
to  this  Convention,  to  wear  the  aspect  of  hostility  rather  than  of  peace  : 
Resolved]  therefore,  that  the  said  Sub-Treasurer  be  directed  to  hold 
such  funds,  subject  to  the  further  order  of  this  Convention,  to  th«  end, 
^  that  a  proper  account  for  said  funds'will  be  made  by  this  State,  in  con- 


■       FRIDAY,  JANUARY  4,  18G1.  '      1G9 

nection  with  other  property  of  the  said  United  States  in  possession  q^ 
this  3tate,  upon  a  future  final  settleuoent  with  the  said  United  States. 

On  motion,  the  resolution  and  aniend«uent  were  ordered  to  lie  on  the 
tahle. 

Mr.  Dunkin  offered  the  following  resolution,  which  was  agreed  to, 
and  was  transmitted  to  his  Excellency  the  Governor: 

Resolved,  That  the  interdict  on  the  Assistant  Treasurer  in  relation 
to  drafts  on  funds  in  his  hands  be  removed. 

The  report  of  the  Coiiluiittcc  was  ordered  to  lie  on  the  table. 

SPECIAL  ORDER. 

On  motion  of  ^Mr.  Finley,  the  Convention  proceeded  to  the  consid- 
eration of  the  following  resolutions,  which  had  been  made  the  special 
order  of  the  day  for  this  day,  at  one  o'clock,  P.  M.  : 

Whereas,  it  is  expedient  that  at  the  earliest  practicable  period,  a 
Provisional  Governmeiit  should  be  organized  for  such  of  the  slavehold- 
ing  States  of  the  United  States  of  America,  as  shall  secede  from  the 
Union  of  said  States  ; 

And,  whereas,  it  is  requisite,  to  this  end,  that  prompt  action  should 
be  taken  on  this  subject  by  the  Conventions  of  the  seceding  States; 

And,  whereas,  the  p^n  of  a  General  (Convention,  to  set  in  motion  a 
Provisional  Government,  may  fail  to  effect  the  object  proposed,  either 
from  being  unacceptable  to  the  Conventions  o£  the  other  seceding 
States,  or  from  the  delay  inciderft  to  said  plan  of  procedure ;  be  it 
therefore* 

Resolved,  That  it  be  recommended  to  each  of  the  Conventions  of 
such  of  the  said  States  as  shall  secede  previous  to  the  9th  day  of  Feb- 
ruary next,  to  elect  at  any  time  between  the  act  of  secession  and  the 
said  9th  day  of  February,  a  I'resident  and  Vice  President  of  the  said 
Provisional  Government,  one  of  whom  shall  not  be  an  inhabitant  of  the 
said  seceding  State  ;  and  the  persons  having  a  majority  of  the  votes 
cast  in  each  of  said  Conventions,  for  the  offices  of  I'resident  and  Vice 
President,  shall  be  considered  entitled  to  as  many  votes  for  said  ofiSces 
in  the  Provisional  Government,  as  the  State  thus  voting  was,  while 
one  of  the  United  States,  entitled  to  cast  in  the  election  of  President 
and  Vice  President  of  the  said  United  States;  and  that  it  be  also 
recomniended  to  each  of  said  Conventions,  to  elect  at  the  same  time 


170  JOURNAL  CF  THE  CONVENTION, 

aforesaid  two  SeDntorp,  and  as  many  Bcpn  sentntivcs  as  the  seceding 
State  vras  entitled  to  in  the  Conposs  of  the  United  States  previous 
to  the   act  of  secession.     And  that  the  Senators  and  Eepreseotativcs 

thus   elected    shall  assemble  at  ihe  City   of in   the  State 

of ,    on    the    loth    day  of   February    next,    and   then    and 

there  be  organized  as  the  Provisional  Congress  of  the  Southern  Con- 
federacy, with  the  Constitution  of  the  United  States  as  a  basis  for 
said  Provi.sioual  Government,  so  far  as  the  same  may  be  applicable  to 
such  a  Government';  and  that  it  be  also  recommended  to  each  of  the 
said  Conventions,  to  transmit  the  result  of  the.votcs  cast  for  President 
and  Vice  Pretident,  in  a  sealed  certificate,  signed  by  the  President  of 
said  Convention,  to  the  said  Congress,  so  as  to  be  received  by  them  on 
the  day  of  their  assembling,  directed  to  the  President  of  the  Senate 
and  Speaker  of  the  House  of  Eepresentatives ;  and  that  on  the  day 
following,  all  of  the  votes  received  bo  counted  by  them,  in.  the  pxes- 
ence  of  the  Senate  and  House  of  Eepresentativos,  in  Congress  assem- 
bled, and  tlie  result  declared;  and  the  persons  having  the  greatest 
number  of  votes  for  President  and  Vice  President,  shall  be  the  Presi- 
dent and  Vice  President  of  the  said  Provisional  Government,  if  such 
number  be  a  majority 'of  the  whole  number  of  votes  cast;  and  if  no 
persons  have  such  majority,  then  the  election  for  said  offices  shall  bo 
made  and  conducted  by  the  Senate. or  House  of  Representatives,  as 
the  case  may  be,  in  like  manner  as  is  prescribed  in  the  said  Constitu- 
tion of  the  United  States,  for^he  offices  of  Pi^sident  and  Vice  Presi- 
dent of  the  said  United  States;  and  the  persons  elected  to  said  offices, 
either  by  the  said  C«oventions,  or  by  the  Congress  of  the  Southern 
Confederacy,  shall  hold  the  said  offic(!s  during  the  period  for  which  the 
said  Provisional  Goveruuicnt  shall  continue  to  exist,  and  no  longer. 

On  motion  of  Mr.  Pope,  the  resolutions  were  ordered  to  lie  on  the 
table. 

Mr.  Simons,  from  the  Committee  on  Engrossed  Ordinances,  made 
the  following  report,  which  was  considered  immediately,  and  was  agreed 
to: 

The  Committee  on  Engrossed  Ordinances  would  respectfully  report, 
that  "  the  Declaration  of  the  immediate  causes  which  induce  and  justify 
the  secession  of  the  State  of  South  Carolina  iVom  the  FeUeral  Union," 
lias  been  duly  engrossed  and  enrolled,  and  having  been  signed  by  the 
President,  aad  attested  by  the  Clerk  of  the  CouveutioO;  and  the  seal  of 


FRIDAY,  JANUAHY  4,  1861.  171 

the  State  attached  thereto,  has  been  deposited  in   the  ofSce  of  the 
Secretary  of  State. 

Your  Coniinittee  would  further  report,  that  they  have  authorized  the 
Secretary  of^tate  to  procure  a  suitable  box  for  the  proper  security  and 
preservation  of  the  various  Ordinances,  Reports  and  Resolutions,  which 
have  been  adopted,  and  directed  to  be  engrossed  by  the  Convention. 

Mr.  Thomas  Thomson  presented  the  report  of  the  Committee  on 
Accounts  on  the  account  of  A.  J.  Burke,  for  stationery;  which  was 
considered  immediately,  and  was  agreed  to. 

*Mr.  Thomas  Thomson  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  the  Committee  of  Arrangements,  from  the  Delegation 
of  St.  Philip  and'  St.  Michael,  be  requested  to  take  in  charge  for  saf*e 
keeping  the  various  articles  purchased  by  the  Convention  for  its  use, 
until  the  further  order  of  the  same. 

GENERAL  ORllfcRS. 
The  following  resclution  was  agreed  to : 

Resolved,  That  the  Convention  proceed  forthwith  to  ballot  for  eight 
Deputies,  who  shall  be  authorized  to  meet  in  Convention  such  Deputies 
as  may  be  appointed  by  the  other  slaveholdiug  States,  who  may  secede 
from  the  Federal  Union.      • 

Whereupon,  the  Convention  proceeded  to  ballotJ'or  eight  Deputies, 
provided  for  in  the  foregoing  resolution. 

Mr.  Miles,  from  the  Committee  on  Foreign  Relations,  made  tlie  fol- 
lowing report,  wtiich  was  considered  immediately,  and  was  agreed  to: 

• 

The  Committee  on  Foreign  Relations,  to  whom  were  referred  certain 
resolutions,  directing  the  Governor  to  make  known  to  Foreign  Powers 
the  separation  of  South  Carolina  from  the  Confederacy  of  the  United 
States  of  America,  beg  leave  to  report :  That  they  have  considered  the 
same,  and  recommend  their  adoption,  with  the  following  amendment 
to  the  first  resolution  :  After  the  words  "  United  States  of  America," 
insert  the  following:  "and  of  the  two  Addresses  setting  forth  the 
causes  of  the  withdrawal  of  South  Carolina  from  the  Confederacy  of  the 
United  States." 

Mr.  Miles,  from  the  Comn)ittcc  on  Foreign   Relations,  made  the  fol- 


172  JOURNAL  OF  THE  CONVENTION, 

lowing  report,  which  was  considered  immediately,  and  was  agreed  to: 

The  Committee  on  I'oreign  Rchitiors,  to  whom  was  referred  the 
Ordinance  empowering  the  Governor  of  South*Carolina,  in  certain  con- 
tingencies, to  issue  letters  of  marque  and  reprisal,  beg  leave  to  report: 
That  they  have  duly  considered  the  subject  conunittcd  to  theru,  and 
deem  it  inexpedient  that  this  Convention  should  take  any  immediate 
action  thereon. 

IMr.  F.  H.  Wardlaw  offered  the  following  resolution,  which  was 
ordered  for  consideration  lo-morrow  :  « 

Resolved,  That  upon  any  adjournment  or  recess  of  this  Convention, 
the  General  Assembly,  if  ito  session,  be  vested  with  full  power  to  take 
care  that  the  Commonwealth  receive  no  detriment. 

On  motion  of  Mr.  Mclver,  business  was  suspended  at  forfy-five 
minutes  past  one  o'clock,  P.  M.,  until  seven  o'clock.  P..  M. 

.     9 

RECESS. 

The  President  resumed  the  chair. 

Mr.  Cheves,  from  the  Committee  appointed  to  couni  the  ballots  cast 
for  Deputies,  reported,  that  Mr.  II.  B.  llhett  received  92  votes;  Mr. 
R.  W.  Barnwell,  78  votes;  Mr.  C.  G.  Memminger,  66  votes;  Mr.  W. 
P.  Miles,  61  votes,  and  Mr.  James  Chesnut,  Jr.,  68  votes 

And  that  Messrs^ R.  B.  Rhett,  R.  W.  Barnwell,  C  G.  Memminger, 
W.  P.  Miles  and  James  Chesnut,  Jr.,  having  received,  respectively,  a 
uiajcyity  of  the  ballots  cast,  were  consequently  elected. 

On  motion  of  Mr.  Chesnut,  the  Convention  proceeded  to  a  second 
ballot  for  Deputief. 

Mr.  Quattlebaum  presented  the  report  of  the  Committee  on  Printing, 
on  a  resolution  providing  for  having  photographed  the  Ordinance  of 
Secession;  which  was  ordered  for  coii.sideration  to-morrow. 

On  motion  of  Mr.  Chesnut,  the  Convention  went  into 

SECRET  SESSION. 

jMr.  R.  W.  Barnwell,  Mr.  J.  H.  Adams,  and  Mr.  J.  L.  Orr,  Com- 
missioners to  Washington,  attended,  and  reported  to  the  Convention 
the  result  of  their  mission,  together  with  their  correspondence  with  the 
President  of  the  United  States. 


FRIDAY,  JANUARY  4,  1861.  173 

Mr.  Means  offered  the  following  resolutions : 

Resolved,  Tliatthe  thanks  of  this  Convention  arc  due,  and  are  hereby 
given,  to  our  Commissioners  for  the  able  and  faithful  manner  in 
which  thej  have  discharged  their  trust. 

Resolved,  That  five  thousand  copies  of  their  correspondence  \fith  the 
President  be  printed  for  general  distribution. 

Mr.  Furraan  offered  the  following  amendment  to  the  first  resolution  : 

Resolmd,  That  this  Convention  is  profoundly  sensible  of  the  wisdom 
and  fidelity  which  have  characterized  the  performance  of  the  high 
functions  with  which  the  Commissioners  to  Washington  were  charged 
by  this  body. 

The  amendmenl  was  agreed  to;  and  the  resolutions,  as  amended, 
wer5  agreed  to. 

.^Ir.  Mazyck  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  in  consideration  of  the  very  important  aid  rendered 
to  our  Commissioners  in  advancing  the  object  of  their  mission,  by 
William.  H.  Trescot,  Esquire,  the  Convention  include  him  in  the  ex- 
pression of  their  profound  sense  of  the  n)eritorious  services  of  the  Cora- 
mission,  and  place  him  in  all  respects  on  the  same  footing  as  one  of  the 
Commissioners. 

Mr.  Curtis,  from  the  Committee  appointed  to  count  the  ballots  cast 
for  Deputies  to  a  Convention  of  the  seceding  States,  reported,  that  Mr. 
L.  M.  Keitt,  Mr.  T.  J.  Withers  and  Mr.  W.  W.  Boyce,  had  respec- 
tively received  a  majority  of  the  ballots  cast.  . 

Whereupon,  the  President  announced  that  Mr.  L.  M.  Keitt,  Mr.  T. 
J.  Withers  and  Mr.  W.  W.  Boyce  are  duly  elected. 

On  motion,  the  injunction  of  secrecy  was.  removed  from  the  Report 
of  the  Commissioners  to  Washington,  except  so  much  thereof  as  relates 
to  their  conversations  with  the  President. 

Mr.  Kershaw  offered  tl^e  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to.;  and  a  copy  thereof  was  sent  to  his 
Excellency  the  Governor  : 

Resolved,  That  in  referring  to  the  Governor  and  Council  for  their 
action,  certain  resolutions  providing  for  calling  into  service  volunteer 


174       JOURNAL  OF  THE  CONVENTION, 

companies  for  a  limited  time,  it  was  not  intended  by  this  Convention 
thereby  to  abrogate  or  impair  the  operation  of  the  recent  Act  of  the 
General  Assembly,  entitled,  '*  An  Adt  to  provide  an  Armed  Military 
Force." 

On  motion  of  Mr.  Pope,  leave  of  absence  was  granted  to  ^Ir.  Barn- 
well. 

Mr.  Bobo  offered  the  fulluwing  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to: 

Resolved,  That  the  President  of  this  Convention   be   authorized  to . 
draw  warrants,  countersigned  by  the  Cashier,  upon  the  Treasurer  of  the 
Ijower  Division,  for  thepr  diem  and  mileage  of  the  members  of  this 
Convention,  at  the  same  rates  as  are  allowed  members  of  the   General 
Assembly.  ' 

Mr.  D.  L.  Wardlaw  oifered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to  : 

Jiesohrd,  That  Messrs. .Keitt  and  Miles,  two  of  our  late  Ropresenta- 
tives  in  the  Congress  of  the  United  States,  be  requested  to  prepare  for 
publication  a  paper,  setting  forth  exactly  the  understanding  which  sub- 
sisted between  them  and  the  President  of  the  United  States,  and  the 
circumstances  which  attended  the  forming  of  tliat  understanding. 

Mr.  Campbell  offered  tlie  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  :   • 

Reaohed,  That  this  Convention  will  adjourn  to-niovrow,  to  meet  at 
such  time  and  [)lace  as  it  may  be  convened  by  the  President,  under  the 
provisions  of  the  resolutions  already  passed. 

On  motion  of  Mr.  Withers,  the  Convention  was  adjuuruod  at  forty- 
five  minutes  past  ten  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  die  Convention. 


SATURDAY,  JANUARY  5,  1861. 


175 


SATURDAY,  JANUARY  5,  1?61. 

At  the  hour  to  wliich  the  Convention  was  adjourned,  the  President* 
took  tlie  chair,  and 'the  proceediugs  were  opened  with  prayer  t)y  Rev. 
J.  M.  Timmons. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Allison, 
Appleby, 
Ayer, 
.  Barron, 
Barton, 
Bcaty, 
Bellinger, 
•  Bethea,     * 

Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Caldwell, 
Campbell, 
Carn, 
Carroll, 
Cauiihman, 
Chesnut, 
Chevcs, 
Clarke, 
Curtis, 
Darby, 
Dargan, 
DcSaussure, 
DeTreville, 
Dunkin, 
DuPre, 
Ellis;    • 


Messrs.  English, 
Evans, 
Fair, 
Finley, 
riud, 
Forster, 
Foster, 
Furman, 
Garlington, 
Geiger, 
Gist, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
llanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hopkins, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
JeflFerics, 
Jenkins,  John 
Johnson, 
Kcitt, 
Kershaw, 
Kilgore, 


176 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kinard, 
Kinsler, 
Lawton, 
Lewis, 
Jjyles, 
^IcCrady, 
M  elver, 
MeKee, 
]\IcLood, 
Maxwell, 
Mazyck, 

Middlcton,  John  Izard 
Middlcton,  Williams. 
IMoore, 
Noble, 
Nowell, 
O'llear, 
Palmer, 
Parker, 
Perrin, 
Quattlebaum, 
Rainey, 
Reed, 
Rowcll, 
Rutledge, 


Messrs.  Seabrook,  G.  W.,  Sr. 
Shin-ler,  J.  M. 
Shiiider,  W.  P. 
Simpson, 
Siins,    , 
Smith, 
Smyly, 
Snowden, 
Spain, 
Springs, 
Stokes, 

Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wagner, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Wier, 
Williams, 
Wilson,  J.  H. 
Wilson,  W.  R. 
Withers, 
Woods,  . 

Youns:. 


Scott, 

The  journal  of  yesterday's  proceedings  .was  .read. 

The  President  laid  before  the  Convention  the  following  despatch  : 

«  New  Orleans,  January  3,  1861. 

To  D.   F.  Jamtson,  President  of  the  Convention: 

New  Orleans  fully  sympathises  with  Charleston  in  the  perils  to  which 
she  is  exposed,  and  will  not  fail  to  support  her  when  the  occasion  de- 
mands action. 

JOHN  T.  MONROE,  Mayor. 

The  President  laid  before  the  Convention  the  following  communica- 
tion : 

January  2,  1861. 

Hon.  D.  F.  Jamison,  PresiJmt  of  the  Conventio)i  : 

Sir  :  Rev.  Ileury  D.  Green,  a  raetubcr   of  the  CotfveatioD,  now  at 


SATURDAY,  JANUARY  5,  18G1.  177 

home  on  leave  of-  Absence,  is  prevented  by  sickness  from  resuming  at 
present  his  sent  in  tliat  body.  As  his  attending  physician,  I  would  say 
that  his  return  just  now  would  be  highly  improper.  lie  asks  that  the 
Convention  will  excuse  him  until  his  health  improves. 

Very  respectfully, 

•       H.  D.  GREEN. 

On  motion  of  Mr.  Spain,  Mr.  Green  was  excused,  in  compliance  with 
his  request. 

Mr.  Hutson  presented  an  Ordinance  to  vest  in  the  General  Assembly 
the  power  to  establish  I'ostal  Arrangements  ;  which  was  considered  im- 
mediately, was  agreed  to,  and  was  ordered  to  be  signed  by  the  Presi- " 
dent  and  the  Clerk. 

On  motion  of  Mr.  Ilutson,  the  Ordinance  was  committed  to  the  En- 
gr&ssing  Committee. 

Mr.  Kcitt  oiTered  the  following  resolution^  which  was  considered 
immediately,  and  was  agreed  to  : 

Resohcd,  That  no  officers  in  any  forces,  regular  or  volunteer,  raised 
under  order  of  this  Convention,  shall,  by  reason  of  anything  in  the 
Constitution  of  the  State,  be  disqualified  from  holding  a  seat  in  either 
House  of  the  General  Assembly,  or  any  other  office  in  the  State  to 
which  he  has  been,  or  shall  be,  appointed. 

On  motion  of  Mr.  Quattlebaum,  Mr.  A.  Burt,  Commissioner  to  Mis- 
sissippi, and  Mr.  A.  P.  Calhoun,  Commissioner  to  Alabama,  were  in- 
vited to  seats  on  the  floor  of  the  Conventrt)n. 

Mr.  Curtis  offei-ed  the  following  resolution,  which  was  considered 
.  immediately,  and  was  agreed  to  : 

Rewlvcd,  That  our  late  Commissioners  to  Washington  be  requested 
to  prepare  a  written  statement  of  the  oral  communications,  to  this  body, 
connected  with  their  recent  attempts  at  negotiation  with  the  President 
of  the  United  States,  for  the  delivery  of  the  forts  and  other  State 
property,  and  that  said  document  be  deposited  with  the  President  of 
this  body,  under  the  injunction  of  secrecy,  until  otherwise  ordered  by 
this  body.. 

Mr.  Quattlebaum,  from  the  Committee  on  Printing,  presented  the 
•   following  report,  which  was  considered  immediately,  and  was  agreed  to: 

That  they  have  placed  in  the  hands  of  the  Printers  of  the  Conven- 
23 


178  JOURNAL  OF  THE  CONVENTION, 

tion,  the  correspondence  between  the  Commissioners  of  South  Caroling 
and  the  President  of  the  United  States,  of  which -correspondence  J5ve 
thousand  copies  have  been  ordered  to  be  printed  for  the  use  of  the 
Convention.  The  Comiaittee  recommend  that  each  member  of  the 
Convention  be  allowed  twenty  copies,  and  that  the  balance  be  distribu- 
ted under  the  direction  6f  the  Committee. 

They  further  recommend,  that  the  manuscript  be  returned  bj  the 
printer  to  the  Clerk  of  the  Convention,  as  soon  as  possible,  to  be  tran- 
scribed on  his  journal,  and  then  deposited  in  the  Secret'  rj  of  State's 
office,  with  theseveral  Ordinances  of  .this  Convention. 

Mr.  R.  N.  Gourdin  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to  : 

Resolved,  That  the  table,  chair,  and  appurtenances  used  in  Secession 
Hall  on  the  evening  of  the  20th  Decefuber,  i860,  for  the  signature  of 
the  Ordinanoe  of  Secession,  be  deposited,  with  ji  memorandum  of  the 
same,  after  the  tinal  adjournment  of  the  Convention,  in  the  Legislative 
Library  in  the  State  House  in  Columbia. 

Mr.  Thomas  Thomson  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to : 

Resolved,  That  the  Clerk,  JMessenger,  Doorkeeper,  and  Engrossing 
Clerks  of  this  Convention,  receive,  severally,  as  compensation  for  their 
services  tu  this  day,  the  same'rate  of  payment  in  proportion  to  the  time 
they  have  served,  as  is  allowed  the  same  officers  of  the  House  of  Repre- 
sentatives of  this  State;  and  the  President  of  the  Convention  is  au-  • 
thorized  and  directed  to  issue  his  warrants  upon  the  Treasury,  in  the 
manner  already 'directed,  for  payment  of  said  officers. 

Mr.  Porcher  presented  the  accounts  of  J.  L.  Barnwell,  of  F.  L. 
Schouboe,  and  of  P.  Brady,  for  articles  furnished,  and  services  ren- 
dered, to  the  Convention;  which  were  severally  referred  to  the  Com- 
mittee on  Accounts.  ,      , 

On  motion  of  Mr.  D.  L.  Wardlaw,  it  was 

Resolved,  That   our  late   Representatives  in   the    Congress   of  the    , 
United  States,   have  leave  to  print   the   pap^r,  whicl!  they  were,  by 


SATURDAY,  JANUARY  5,  1861.  179 

resolution  of  this  Convention,  requested  to  prepare,  if,  in  their  opinion 
it  shall  become  necesaarj. 

On  motion  of  Mr.  Spain,  the  Convention  was  adjourned  at  eleven 
o'clock,  A.  M. 

B.  F.  ARTHUR^ 

Clerk  of  the   Convention. 


niOCLAMATlON. 


STATE  OF  SOUTH  CAROLINA: 

.  Know  all  Mm.  hy  ilieae  Presents,  That  I,  David  F.  Jamison, 
President  of  the  Coaventiou  of  the  People  of  South  Caroliaa,  assembled 
pursuant  to  an  Act  of  the  General  Assembly,  passed  on  the  thirteenth 
day  of  November,  in  the  year  of  our  Lord  oue  thousand  eight  hundred 
and  sixty,  and  which  adjourned  on  the  fifth  day  of  January,  one  thou- 
sand eight  hundred  and  sixty-one,  by  virtue  of  the  authority  vested  in 
me  by  the  said  Convention,  do  hereby  convoke  the  same,  and  by  these 
presents  do  herewith  summon  the  members  of  said  Convention  to  re- 
assemble at  Charleston,  in  the  State  aforesaid,  at  twelve  o'clock,  M., 
on  the  twenty-sixth  day  of  March,  inst. 

Given  under  my  hand  and  seal,  at  Charleston,  this  thirteenth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  and  in  the  eighty-fifth  year  of  the  sovereignty  and  iudc- 
pcndeuce  of  the  State  of  South  Carolina. 

D.  F.  JAMISON, 

President  of  the  Conventio7i 

of  the  Pcoijle  of  South  Carolina. 
Attest :  B.  F.  AiiTiiuii,    Clerk. 


SECOND    SESSION 


TUESDAY,  MARCH  26,  1861. 

Pursuant  to  the  Proclamation  of  the  President  of  the  Convention, 
issued  on  the  thirteenth  day  of  March,  one  thousand  eight  hundred 
and  sixty-one,  the  Convention  of  the  People  of  South  Carolina  reassem- 
bled in  St.  Andrew's  Hall,  in  the  City  of  Charleston,  on  this  day,  at 
twelve  o'clock,  M. 

The  President  took  'the  chair,  and  addressed  the  Convention  as 
follows : 

Gentlemen  :  Acting  under  a  resolution  of  the  Convention,  authoriz- 
ing your  presiding  officer  to  reassemble  this  body  at  such  time  and 
place  as  he  might  appoint,  I  have  fixed  this  place,  from  whence  tlie 
Convention  adjourned,  and  the  earliest  practicable  moment,  for  your 
meeting.   . 

'j.he  chief  object  in  calling  you  together,  at  this  time,  is  to  consider 
the  Constitution  of  the  Confederate  States  of  America,  which  has  been 
adopted  and  submitted  to  us  by  the  Congress  at  Montgomery,  with  such 
other  questions  as  the  exigencies  of  our  situation  may  require. 

The  President  also  stated,  that  under  another  resolution  of  the  Con- 
vention, authorizing  the  President  to  appoint  the  officers  of  this  body, 
he  had  appointed  D.  W.  Davis,  Messenger,  and  F.  L.  Schouboe,  Door- 
keeper, for  the  Convention. 

The  proceedings  were  opened  with  prayer  by  Rev.  J.  G.  Landrum  ; 
after  which  the  Clerk  called  the  roll,  and  the  following  Delegates 
answered  to  their  names  :  . 

Messrs.  Adams,  •  ^Messrs.  Ayer, 

Allison,  Jiarnwell, 

Appleby,  Barron,       ^ 

Atkinson,  Barton, 


184 


JOURNAL  OF  THjE  CONVENTION, 


Messrs.  Be;)tj, 

"Messrs.  Geiger,             ""'' 

Bellinger, 

Gi«t, 

Betbea, 

Glover, 

Bobo, 

Goodwin, 

]5onneau, 

Gourdin,  R.  N. 

Brabham, 

Gourdin,  T.  L. 

Brown,  A.  H, 

Green, 

Brown,  C.  P. 

Gregg,  Slaxcy 

Buchanan, 

■    Gregg,  William 

Burnet, 

Grisham, 

Cain, 

Haramond, 

Calhoun, 

Hanckel, 

Carn, 

Harllee, 

Carlisle, 

Harrison, 

Carroll, 

Hayne, 

Cauthen, 

Henderson, 

Charles, 

Honour, 

Chesnut, 

Hopkins, 

'   Cheves, 

Hunter, 

Clarke, 

HuLson, 

Darby, 

Inglis, 

Davant, 

Ingram, 

-    DeSaussure^ 

Jefferies, 

DeTreville, 

Jenkins,  John 

Duncan, 

Jenkins,  J,   E. 

Dunkin, 

Johnson, 

«  Dunovant,  A.  Q. 

Kerfihaw, 

Dunovant,  R.  G.  M-. 

Kilgore, 

DuPre, 

Kinard, 

Easley, 

Kinsler, 

Ellis, 

Land  rum. 

English, 

Lewis, 

Evans, 

Logan, 

Fair,, 

Lyles, 

Flud, 

M elver,   • 

Forster, 

McKee, 

.  Foster, 

Magrath, 

Frampton, 

Manigault, 

Furman^ 

Manning, 

Garlington, 

Mauldin, 

TUESDAY,  MARCH  26,  1861. 


185 


Messrs.  Shingler,  W.  P. 
Simons, 

Sirapson,  • 

Sims, 
Smith, 
•     Smyly, 
Snowdcn, 
Spain. 
Spratt, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Timmons, 
Tompkins, 
Townsend, 
Wagner, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young, 

the  last  day  of  thftlast  session. 
Convention  the  followinor  communica- 


Messrs.  Maxwell, 
Mayes, 
Mazyck,  . 
Means, 

Middleton,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Palmer, 
Parker, 
Perrin, 
Pope, 
Porcher, 
Pressley, 
•  Quattlebaum, 
Kainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Rowell, 
Scott, 

Seabrook,  E.  M. 
Seabrook,  G.  W.,  Sr., 
Shingler,  J.  M. 

The  Clerk  read  the  journal  of 
The  President  laid  before  the 
tion : 

Convention  of  the  Confederate  States  of  America, 
Montgomery,  Alabama,  March  12,  1861. 
Hon.  D.  F.  Jamison,  Charleston : 

Sir:  I  herewith  transmit  to  you,  a  pertified  copy  of  the  Constitution 
of  the  Confederate  States  of  America,  as  it  was  finally  adopted  by  the 
unanimous  vote  of  the  Convention,  to  be  placed  before  the  Stato  Con- 
vention over  which  you  preside,  for  its  approval  and  ratification. 
24 


186  JOURNAL  OF  THE  CONVENTION, 

It  will  be  seen  that  the  Convention  here  have  confornied  to  the  gene- 
ral wish  of  the  people  of  these  States,  in  odoptinp  a  Constitution  upon 
the  general  principles  of  the  Constitution  of  tlie  United  States.  The 
departures  from  the  provisions  of  that  itfj-trunicnt  have  been  suggested 
by  the  experience  of  the  past,  and  are  intended  to  guard  against  the 
evils  and  dangers  which  led  to  the  dissolution  of  the  late  Union.  This 
Constitution  is  now  submitted,  with  confidence,  to  the  State  Conven- 
tions for  their  action. 

Respectfully, 

HOWELL  COBB, 
President  of  the  Convention  C.  S.  A. 

On  motion  of  Mr.  Rhett,  it  was 

Ordered,  That  the  communication  be  entered  on  the  journal,  and 
that  five  hundred  copies  of  the  communication  and  of  the  Constitution 
be  printed. 

The  President  laid  before  the  Convention  the  following  comnninica- 
tiou ;  which,  on  motion  of  Mr.  Quattlebaum,  was  ordered  to  be  entered 
on  the  journal : 

South  Carolina,  Abbeville, 
February,  186L 

Hon.  D.  F.  Jamison,  President: 

I  have  the  honor  to  acquaint  the  Convention  of  the  People  of  the 
State  of  South  Carolina,  that  on. receiving  my  credentials,  as  Commis- 
sioner to  the  Convention  of  Mississippi,  I  proceeded  iniuicdiately  to 
the  Capital  of  that  kjtate,  and  made  known  to  the  Convention  the  objects 
of  my  mission. 

Among  the  results  of  that  Convention,  were  the  Ordinance  of  Seces- 
sion by  that  State,  and  certain  rt.'>olutions ;  and  these,  in  cou)pliance 
with  the  request  of  the  Convention,  I  transmitted  to  the  Executive 
authorjty  of  this  State. 

The  action  of  the  Convention  of  tiie  Stdlo  of  Mi.ssis.sippi  was  prompt 
and  fraternal,  and  is  a  noble  rc.^pou.se  to  South  Carolina — worthy  of  a 
great  cause  and  u  gallant  people.  It  is  duo  to  the  lofty  heroism  dis- 
played by  the  State  of  Missi.s!sippi,  that  it  be  remembored  she  was  the 
first  of  the  sisterhood  of  Southern  Sinits  to  recognize  the  Sovereignty 
and  Independence  of  the  State  of  South  Carolina,  and  the  first  to  rush 


TUESDAY,  MARCH  26,  1861.  187 

to  her  aid  in  her  perilous  struggle  for  the  preservation  and  maintenance 
of  the  inestimable  rights  of  the  whole  South. 
With  high  consideration, 

I  have  the  honor  to  be 

Your  obedient  servant, 

ARMISTEAD  BURT. 

Mr.  W.  P.  Shingler  offered  tho  following  resolution,  which  was 
ordered  for  consideration  to-morrow : 

Resolved,  That  it  is  the  sense  of  this  Convention,  that  all  supplies 
of  provisions  and  mail  facilities,  no^  allowed  Major  Anderson  and-the 
garrison  at  Fort  Sumter,  should  be  immediately  cut  off. 

Mr.  A.  H.  Brown  offered  the  following  resolution,  which  was  ordered 
for  consideration  to-morrow,  and  to  be  printed  : 

Resolved,  That  the  People  of  South  Carolina,  in  Convention  assem- 
bled, cordially  approve  the  election  of  Jefferson  Davis  to  the  Presidency, 
and  Alexander  H.  Stephens  to  the  Vice  Presidency,  of  the  Provisional 
Government  of  the  Confederate  States  of  America;  and  have  entire 
confidence  in  their  experience,  patriotism  and  ability  to  shape  and 
guide  the  destinies  of  the  new  Republic. 

Mr.  Mazyck  offered  the  following  resolutioti,  which  was  ordered  for    . 
consideration  to-morrow : 

Resolved,  That  after  printed  copies  of  the  Articles  agreed  upon  by 
the  Convention  at  Jlontgomcry  as  the  Constitution  of  the  Confederate 
States  of  America,  shall  ^lavc  been  furnished  to  the  members  of  this 
Convention,  any  amendments  which  may  be  offered  shall  be  considered 
in  the  order  in  which  they  arc  proposed. 

Mr.  Simons  offered  the  following  Ordinance,  which  was  referred  to 
the  Committee  on  the  Constitution  of  the  State  : 

AN  ORDINANCE 

Declaratory  of  the  true  construction  of  an  Ordinance  entitled  "An  Or- 
dinance concprning  Citizenship." 
Whirrnit,    doubts    have    arisen    whether,    under  the   terms   of    the 
"  Ordinance  concerning  Citizenship,"  passed  on  the  6r8t  d«y  of  Janu- 
ary, in  the  year  of  our  Lord  one  thousand  cipht  hundred  and^sizty-one, 


i 


188  JOURNAL  OF  THE  CONVENTION, 

are  included  those  persons  •who  were,  at  the  date  of  the  Ordinance  of 
Secession,  citizens  of  the  State  of  South  Carolina,  but  residing  without 
the  limits  of  the  said  State  ; 

Now,  therefore,  we,  the  People  of  the  State  of  South  Carolina,  in 
Convention  assen)bled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained,  that  all  persons  who  were  citizens  of  the  State  of  South 
Carolina,  at  the  date  of  the  Ordinance  of  Secession,  to  wit :  on  the 
twentieth  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty,  though  not  resident  therein,  are  hereby  declared  to 
be,  and  to  continue,  citizens  of  the  said  State,  until  they  shall  have  re-' 
nounced  their  allegiance  thereto.     * 

Mr.  Manigault  offered  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow : 

Resolved,  That  the  Constitution  of  the  United  States,  adopted  in 
1789,  be  printed  in  parallel  columns  with  the  Constitution  adopted  by 
the  Congress  at  Montgomery  : 

On  motion  of  ]Mr.  Adams,  the  resolution  to  print  the  Constitution  of 
the  Confederate  States  of  America  was  reconsidered ;  and 

Mr.  Adams  offered  the  following  resolution,  which   was  considered 

immediately,  and  was  agreed  to : 

• 

Remhuil,  That  the    Constitution   of  the   United   States,  adopted  in 

1789,  be  printed  in  parallel  columns  with  the  Constitution  adopted  by 

the  Congress  at  Montgomery. 

Mr.  Magrath  offered  the  following  resolutions,  which  were  seconded 
by  Mr.  Dunkiii,  and  inun/mows/y  agreed  to: 

Rcsolcnl,  That  this  Convention  receives,  with  deep  regret,  the  intel- 
ligence of  the  death  of  Henry  W.  Conner,  late  one  of  its  members. 

Resolved,  That  in  the  enlightened  enterprise  and  patriotic  devotion 
of  Henry  W.  Conner,  the  St^te  of  South  Carolina  has  recognized  the 
qualities  which  have  contributed  to  advance  her  material  prosperity, 
and  sustain  her  political  independenpe. 

Resolved,  That  the  Secretary  of  this  Convention  communicate  these 
resolutions  to  the  family  of  the  decfased. 

Mr.  L  D.  Wilson  offered  the  following  resolutions,  which  were  unan- 
imoudy  Agreed  to  : 


WEDNESDAY,  MARCH  27,  1861. 


189 


Resolved,  That  this  Convention  have  heard,  with  deep  sensibility, 
of  the  death  of  Julius  A.  Dargan,  a  member  of  this  Convention. 

Resolved,  That  we  unite  in  sympathy  with  the  family,  to  whom  a 
copy  of  these  resolutions  be  sent.  * 

On  motion  of  Mr.  Withers,  and  as  a  further  mark  of  respect  to  the 
memory  of  fhe  deceased,  the  Convention  was  adjourned,  to  meet  to- 
morrow, at  twelve  o'clock,  M. 

B.  F.  ARTHUR, 

Clerk  of  the   Convention. 


WEDNESDAY,  MARCH   27,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman.  ' 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brabham, 
lirown,  A.   H. 
Brown,  C.  P. 
Burnet, 


Messrs.  Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Clarke, 
Crawford, 
Darby, 
Davant, 
Davia, 
DeSaussure, 


190 


JOURNAL  OF  THE  CONVENTION, 


rs.  DeTrevUle, 

Messrs.  Jenkins,  John 

DuncaD, 

Jenkins,  J.  E. 

Dunkin, 

Johnson. 

Dunovant,  A.  Q. 

Kcitt, 

Dunovant,  R.  G.  M. 

Kershaw, 

DuPrc, 

Kilgore, 

English, 

Kinard, 

Evans, 

Kinsler, 

Fair, 

Landrum, 

Flud, 

Lewis, 

Forstcr, 

Logan, 

Foster, 

Mclricr, 

FramptoD, 

jMcKee, 

Furniao, 

McLeod, 

Gadberry, 

Magrath, 

Garlington, 

Manigault, 

Gcigcr, 

Manning, 

Gist, 

Maxwell, 

Glover, 

Mayes, 

Goodwin^                     » 

Mazyck, 

Gourdin,  R.  N. 

Means, 

(Sourdin,  T.  L. 

Middlcton,  John  Izard 

Green, 

Middleton,  Williams  ' 

Gregg,  Maxcy 

Miles, 

Greggs  William 

Moore, 

Gri.shara, 

Moorman, 

llauimond, 

Noble, 

Hanckel, 

Notrell, 

•  Harllce, 

O'Hear, 

Harrison, 

Orr, 

Hayne, 

Palmer, 

Henderson, 

Parker, 

Honour, 

Perrin, 

Hopkins, 

Pope, 

•  Hunter, 

Porehcr, 

Hutson, 

Pressley, 

Inglis, 

Quattlcbaum, 

Ingram,' 

Rainey, 

Jackson, 

Reed, 

Jefferies, 

Rhett, 

WEDNESDAY,  MARCH  27,  1861. 


191 


Messrs.  Rhodes, 

Richardson,  ¥*  D. 

Richardson, J.  P. 

Robinson, 

Rowcll, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  "M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith,     , 

Smylj, 

Snowden, 

Spain, 

Spratt, 

Springs, 


Messrs.  Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wannamaker, 

Watdlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Whitner, 

Wier, 

Williams,         * 

Wilson,  I.  D. 

Wilson,  J.  II. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  journal  of  yesterday's  proceedings  was  read. 
Mr.  Rhett  read  to  the  Convention  a  resolution  adopted  by  the  Con- 
gress of  the  Confederate  States,  at  Montgomery;  and 
Mr.  Rhett  offefed  the  following  resolution  :     • 

Resolved,  That  when  the  Constitution  of  the  Confederate  States  is 
taken  up  for  consideration,  it  shall  be  considered  in- secret  session  ;  and 
the  President  of  the  Convention  is  hereby  authorized  and  required  to 
employ  two  competent  stenographers  to  report  the  debates  and  proceed- 
ings which  shall  take  place  on  said  Constitution. 

Pending  the  discussion  thereof  by  Mr.  Maxcy  Gregg,  Mr.  E.  M. 
Seabrook  rose  to  a  question  of  order. 

The  President  decided  the  discussion  in  order. 

Whereupon,  Mr.  Barnwell  appealed  from  the  decision  of  the  Presi- 
dent ;  and,  the  question  being  put,  will  the  Convention  sustain  the  de- 
cision of  the  Chair  ?  it  passed  in  the  negative  : 
Yeas,  30;    nays,  119. 

The  yeas  and  "nays  were  demanded,  and  are  as  follows  : 


192  JOURNAL  OF  THE  CONVENTION, 

Those  who  voted  ia  the  aflSrmative,  are 


lion.  D.  F.  Jamison,  President;  and 
Messrs.  Kinsler, 
McLeod, 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Bonneau, 
Brabham, 
Brown,  C.  P. 
Burnet, 
Caldwell, 
Calhoun, 
Clarke, 

Darby,  • 

X  Evans, 
Flud,  ' 

Gregg,  ]Maxcy 
Henderson, 
Jenkins,  John 
Jenkins,  J.  E. 
Kershaw, 

Those  who  voted  in  the  negative,  are 


Manigault, 

Mazyck, 

Middleton,  John  Izard 

Middleton,  Williams 

Moore, 

Nowell, 

O'Hear, 

Rutledge, 

Scott, 

Shingler,  J.  M. 

Simons, 

Smith, 

Snowden, 

Spratt, 

Wagner, 

Wardlaw,  F.  H. 

Williams. 


Messrs.  Ayer, 

Barnwell, 

Barron, 

Barton, 

Beaty, 

Bcthca, 

Bobo, 

Brown,  A.  II. 

Cain, 

Campbell, 

Carn, 

Carlisle, 

Carroll, 

Caughman, 

Cauthen, 


Messrs.  Charles, 
Chcsnut, 
Chcves, 
Crawford, 
Da  van  t, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
DuPre,    , 
Easley, 
Ellis,  • 


WEDNESDAY,  MARCH  27,  1861. 


193 


Messrs.  English, 

Messrs.  McKee, 

Fair, 

Magrath, 

Forster, 

Manning, 

Foster, 

Maxwell, 

Frampton, 

^layes. 

Furnian, 

Means, . 

Gadberry, 

Miles, 

Garlington, 

Moorman, 

Geiger, 

Noble, 

Gist, 

Orr, 

Glover, 

Palmer, 

Goodwin, 

Parker, 

Gourdin,  R.  N. 

Perrin, 

Gourdin,  T.  L. 

Pope,  ■ 

Green, 

Porcher, 

Gregg,  William 

Pressley, 

Grishara, 

Quattlcbaum, 

Hammond, 

Raiuey, 

Hanckel, 

Reed, 

Karllee, 

Rhett, 

Harrison, 

Rhodes,- 

Hayne, 

Richardson,  F.  D. 

Honour, 

Richardson,  J.  P. 

Hopkins, 

Robinson, 

Hunter, 

Rowell, 

Hutson, 

Seabrook,  E.  M. 

Inglis, 

Sessions, 

Ingram, 

Shingler,  W.  P. 

Jackson, 

Simpson, 

Jefferies, 

Sims, 

Johnson, 

Smyly, 

Keitt, 

Spain, 

Kilgore, 

Springs, 

Kinard,                           * 

Stokes, 

Landrum, 

Thompson,  R.  A. 

Lewis, 

Thomson,  Thomaa 

Logan, 

Timmons, 

Ljles, 

Tompkins, 

McCrady, 

Townsend, 

McTver, 
25 

Waoaamaker, 

194 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Wardlaw,  D.  L. 
Watts, 
Wier, 

Wilson,  I.  D. 
Wilsou,  J.  H. 


Messrs.  Wilson,  W.  B. 
Withers, 
Woods, 


Mr.  John  Izard  Oliddleton  offered  the  following  amendment,  which, 
on  motion  of  ]\Ir.  lleed,  was  ordered  to  lie  on  the  table  : 

R£solvc(I,  That  our  Delegates  to  Montgomery  be  heard  in  secret  ses- 
sion in  relation  to  the  discussions  on  the  subject  of  the  Constitution  for 
the  Confederate  States  of  America. 

•  On  motion  of  Mr.  Fair,  the  resolution  was  amended  by  striking  out 
the  words  :  "  and  the  President  of  the  Convention  is  hereby  authorized 
and  required  to  employ  two  competent  stenographers  to  report  the  de- 
bates and  proceedings  which  shall  take  place  on  said  Constitution." 

The  question  being  put,  will  the  Convention  agree  to  the  resolution  ? 
it  passed  in  the  affirmative  : 

Yeas,  129  ;    nays,  29. 
The  yeas  and  nays  were  demanded,  and  are  as  follows :  ' 
Those  who  voted  in  the  affirmative,  are 


Hon.  D. 
Messrs.  Allison, 

Atkinson, 

Ayer, 

Barnwell, 

Barron, 

]Jarton, 
'Beaty,   • 

Bellinger, 

Bethea, 

Bobo, 
.Brabham, 

Brown,  A.  H. 

Cain, 

Caldwell, 

Calhoun, 

Campbell, 

Cam, 


F.  Jamison,  President ;  and 
Messrs.  Carlisle, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesuut, 
Cheves, 
Clarke, 
Crawford, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.   M. 
DuPre, 


WEDNESDAY,  MARCH  27,  1861. 


195 


Messrs.  Easley, 

Messrs.  McKeo, 

Ellis, 

McLeod, 

English, 

Magrath, 

Fair, 

Manning, 

Flud^     ■ 

-Vaswell, 

Forster, 

Mayes, 

Foster, 

Means, 

Frampton, 

Miles, 

Fur  man, 

Moore, 

Gadbcrry, 

Moorman, 

Garlington, 

Noble, 

Geiger, 

Nowell, 

Glover, 

O'Hear, 

Goodwin, 

Orr, 

Gourdin,  R.  N. 

Palmer, 

Gourdin,  T.  L. 

Parker, 

Green, 

Perrin, 

Gregg,  William 

Pope, 

Grisham, 

Porcher, 

Hammond, 

Quattlebaum, 

Hanckel, 

Rai&ey, 

Harllee, 

Reed, 

Harrison, 

Rhett, 

Hayne, 

Rhodes, 

Honour, 

Richardson,  J.  P. 

Hopkins, 

Robinson, 

Hunter, 

Rowell, 

Inglis, 

Scott, 

Ingram, 

Seabrook,  E.  M.    . 

Jackson, 

Sessions, 

Jefferies, 

Shingler,  J.  M. 

Johnson, 

Shingler,  W.  P. 

Keitt, 

Simpson, 

Kilgore,  • 

Sims, 

Kinard, 

Smyly, 

Landiura, 

Snowden, 

Lewis, 

Springs, 

Logan, 

Stokes, 

Lyles, 

Thompson,  R.  A. 

McCrady, 

Thomson,  Thomas 

I 


196 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Timmons, 
Tompkins, 
TowDsend, 
Wanuaiiiakcr, 
Wardlaw,  D.  L. 
Watts, 
Whitner, 


Messrs.  "Wicr, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Young. 


Those  who  vote^  in  the  negative,  are 


Messrs.  Adams, 
Bonneau, 
Brown,  C.  P. 
Burnet, 
Darby, 
Davant, 
Evans, 
Gist, 

Gregg,  Maxcy 
Henderson, 
Hutson, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinslcr, 
Mclvcr, 


Messrs.  Manigault, 
Mazy  ok, 

Middleton,  J.  Izard 
Middleton,  W. 
Pressley, 

Richardson,  F.  D. 
Rutledge, 
Simons, 

Smith,  • 

Spain, 
Spratt, 
Wagner, 
Wardlaw,  F.  H. 
Williams. 


So  the  resolution  was  agreed  to. 

Mr.  James  Conner,  Delegate  from  St.  Philip's  and  St.  Michael's, 
elected  to  (ill  the  vacancy  occasioned  by  the  death  of  Mr.  H.  W.  Con- 
ner^  appeared  at  the  Clerk's  desk,  produced  his  credentials,  signed  the 
roll,  and  took  his  seat. 

The  President  laid  before  the  Cunventiou  the  following  communica- 
tions, which  were  severally  ordered  to  be  entered  on  the  journal : 

? 

Charleston,  March  27,  1861. 
To  the  Hon.  D.  F.  Jamison, 

President  of  the  Convention  of  S.   C.  : 
Dear  Sir:  Having  been  honored,  on  the  1st  January  last,  with  an 
appointment  to  present  to  the  people  of  Florida,  in  Convention  assem- 
bled, a  copy  of  the  Ordinance  of  Secession,  and  of  a  plan  for  a  Provi- 


WEDNESDAY,  MARCH  27,  1861.  197 

sional  Government,  adopted  by  this  Convention,  I  have  tlie  honor  to 
report : 

That  I  started  at  once  upon  my  mission,  and  arriving  at  Tallahassee, 
Florida,  where  the  Convention  was  then  in  session,  and  exhibiting  my 
credentials,  I  was  invited  to  appear  before  the  Convention,  and  deliver 
my  communications.  This  invitation  was  complied  with,  as  soon  as  I 
was  advised  of  the  readiness  to  receive  me,  and  I  have  the  pleasure  to 
report  that  I  was  heard  with  respect.  That  soon  thereafter,  the  Con- 
vention adopted  an  Ordinance  of  Secession,  and  concurred  with  this 
Convention  in  the  plan  for  a  Provisional  Government  proposed.  Offi- 
cial copies  of  these  Acts  were  furnished  me,  under  the  order  of  the 
Convention,  and  returning  to  Charleston,  I  placed  the  same  in  the 
hands  of  the  Honorable  Secretary  of  State  for  South  Carolina.  , 

With  great  respect,  I  am. 

Your  obedient  servant, 

L.  W.  SPRATT. 

Charleston,  March  27,  1861. 
Hon,  D.  If.  Jamison, 

President  of  the  Convention 

of  the  People  oj  South  Carolina: 

Sir  :  I  have  the  honor  to  report,  that  in  obedience  to  the  expressed 

wish  of  the  Convention,  I  was  in  attendance  on  the  Convention  of  the 

people  of  Arkansas,  which  asseMibled  at  Little  Rock,  on  the  4th  inst. 

I  communicated  to  that  body  the  papers  entrusted  to  my  charge,  and 

regret  to  state,  that  I  have  not  received  any  official  response. 

Respectfully,  *  , 

•      -  A.  C.  SPAIN. 

Anderson,  7th  Felruary,  1861. 
Hon.  D.  F.  Jamison  : 

Sir:  As  Commissioner  from  this  State  to  the  Georgia  Convention,  I 
have  the  honor  to  report,  that  I  proceeded  to  Milledgeville,  and,  upon 
its  ofgauization,  I  addressed  the  enclosed  conimunigation  to  the  Coii- 
ventiou. 

I  was  invited  to  address  the  Convention  in  exjflanation  of  the  objects 
and  purposes  of  my  mis.sion,  and  I  accepted  the  invitation. 

The  final  action  of  the  body  has  already  been  communicated  to  the 
public. 

The  decisive  and  unanimous  voice  of  the  great  State  of  <j!eorgia  in 


198       JOURNAL  OF  THE  CONVENTION, 

assertin<»  her  independence  of- federal  wrong  and  oppression,  settles  the 
question  of  the  complete'  success  of  the  secession  movement  of  the 
Cotton  States  at  least.  < 

I  have  the  honor  to  be, 

Very  respectfully,  your  ob't  serv't,* 

JAMES  L.  ORR. 

Charleston,  March  27, 1861 . 
To  the  Hon.  D.  F.  Jamison, 

Prfsiihnt  of  the  Convention  of  Souik  Carolina: 
Sir  :  In  conformity  with  instructions  from  the  body  over  which  you 
preside,  I  proceeded,  at  a  proper  lime,  to  the  seat  of  government  of 
Loui.siana,  and  formally  laid  before  the  Convention  of  that  State  the 
Ordinance  of  Secession  of  South  Carolina,  and,  moreover  to  ask  its 
cooperation  in  the  formation  of  a  Southern  Union  of  Confederate 
States. 

The  action  of  that  distinguished  body  is  already  a  part  of  the  history 
of  a  great  revolution,  and  cannot  fail  to  be  a  cause  of  satisfaction  to  this 
body,  and  to  the  people  of  this  State.      • 

I  cannot  forbear,  i^ir,  to  express  my  sense  of  the  cordial,  prompt  and 
decided  response  which  was  given  to  the  message  from  this  State,  and 
the  personal  courtesy  which  was  extended  to  me  as  the  bearer  of  it. 
I  have  the  honor  to  be, 

With  high  respect, 

Your  obedient  servant, 

JOHN  L.  MANNING. 

« 

The  President,  laid  before  the  Convention  the  following  coimnuiiica- 
tiou : 

Charlestojj,  S.  C,  March  26,  1861. 
Hon.  D.  F.  Jamiso.n, 

President  of  the   Cuni( ntion  of  South  Carolina  : 
.Sir  :  Should  itjje  the  desire  of  the  members  of  the  Convention  to 
visit  the  fortilications  erected  for  the  defence  of  the  harbor  of  ChaTles-- 
ton,  it  will  aflord  me  p^'cat  pleasure  to  accompany  them  on  such  a  visit, 
at  any  time  they  may  designate  as  most  convenient  to  themselves. 
I  am.  Sir,  with  much  respect, 

Your  obedient  servant, 

G.  T.  BEAUREGARD, 
Brigadier  General  Commanding, 


WEDNESDAY,  MARCH  27,  1861..  199 

On  raotiott  of  Mr.  Adams,  the  invitation  was  accepted,  and  Saturday 
nest  designated  as  the  day  for  visiting  the  fortifications. 

Mr.  Rhett  introduced  the  following  Ordinance,  which,  on  motion  of 
Mr.  Rhett,  was  ordered  to  lie  on  the  table,  and  to  be  printed  : 

AN  ORDINANCE 

Ordering  a  Convention  of  the  People  of  the  State  of  South  Carolina 
on  a  certain  contingency. 

Whereas,  experience  has  proved  that  the  slaf  eholding  and  non-slave- 
holding  Slates  cannot  live  in  peace  under  the  same  government, 

Tfe,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
semhled,  do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained, 

That,  should  any  State  hereafter  be  admitted  into  the  confederacy 
of  the  Confederate. Stafcs,  which,  by  its  Constitution,  does  not  tolefate 
slavery  within  its  limits,  and  provide  for  its  protection  by  suitable 
legislation,  the  Governor  of  the  State  of  South  Carolina  is  hereby 
ordered,  forthwith,  to  summon,  by  proclamation,  the  People  of  the 
State  of  South  Carolina  to  assemble  in  Convention;  and  he  shall  issue 
writs  of  election,  determining  the  time  and  place  of  holding  the  same, 
and  the  time  and  place  of  the  assembling  of  the  said  Convention,  con- 
forming, as  far  as  they  are  applicable,  to  the  provisions  of  the  Act  of  the 
Legislature  whereby  this  Convention  was  called. 

^Ir.  John  Izard  Middleton  introduced     ' 

An  Ordinance  to  ratify  the  Provisional  Constitution  and  Government 
of  the  Confederate  States  of  America ;  which  was  ordered  to  be  placed 
on  the  Calendar  of  the  secret  sessions,  and  to  be  printed. 

Mr.  Mazyck  presented  the  report  of  the  Committee  appointed  to 
enquire  how  much  of  the  legislation  of  Congress  is  abrogated  by  the 
secession  of  the  State ;  which  was  Ordered  for  consideration  to-morrow, 
and  to  be  printed. 

Mr.  Glover  offered  the  following,  resolution,  which  was  considered 
itnyaediately,  and  was  agreed  to  : 

Resolved,  That  the  Committee  on  the  Constitution  cnfjuiro  and  report, 
if  any  of  the  Ordinances  adopted  by  this  Convention  should  be  repealed 
or  modified ;  and  that  said  Committee  do  also  enquire  and  report, 
if  any  further  alterations  of  the  Constitution  of  this  State  be  oecessary 
and  proper. 


200  JOURNAL  OF  THE  CONVENTION, 

Mr.  Inglb  introduced" 

An  Ordinance  tu  ratify  tlic  Pennaneut  Constitution  for  the  Confed- 
erate States  of  America,  and  sugsresting  amendments  thereto;  which 
was  ordered  to  be  placed  in  the  Calendar  of  thp  secret  sessions,  and  to 
be  printed. 

31  r.  Ilutson  introduced 

An  Ordinance  to  provide  for  the  appointment  of  Electors  of  Presi- 
dent and  Vice-President  of  the  Confederate  States  of  America ;  which 
was  ordered  to  lie  on  t\|e  tabic. 

3Ir.  Ilutson  introduced 

An  Ordinance  further  to  amend  the  fourth  section  of  the  first  Article 
of  the  Constitution  of  this  State; 

An  Ordinance  to  repeal  sundry  Ordinances  done  by  the  People  of 
South  Carolina  in  Convention  ; 

^n  Ordinance  to  amend  the  ninth  Article  of  the  Constitution  of  the 
State  of  South  Carolina  ;  and 

An  Ordinance  to  amend  an  Ordinance,  entitled  "An  Ordinance  to 
alter  the  Constitution  of  the  State  of  South  Carolina,"  by  striking  *out 
certain  words  in  sundry  places ;  which  were  severally  refetred  to  the 
Committee  on  the  Constitution  of  the  State, 

The  President  stated  that  he  had  been  requested  by  the  Chairman  of 
the  Managing  Committee  of  the  Charleston  Club,  to  extend  the  hospi- 
talities of  that  .Club  to  the  members  of  Convention  during  the  present 
session. 

On  motion  of  Mr.  J).  L.  Wardlaw,  it  was  ordered  that  when  this 
Convention  adjourns,  it  shall  bo  adjourned  to  meet  to-morrow,  at  twelve 
o'clock,  M. 

On  motion  the  Convention  was  adjourned  at  live  minutes  past  three 
o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Conventioiit 


THURSDAY,  MARCH  28,  1861. 


201 


THURSDAY,  MARCH  28,  1801. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  H.  Honoui*. 

•    The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Bcaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonncau, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Cam, 
Carroll, 
Caughman, 
Cauthcn, 
CharlcsJ 
Chcsnut, 
Cheves, 
Clarke, 
Conner, 
26 


Messrs.  Crawford, 
Darby, 
Davaut, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
DuPre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Gad  berry, 
Garlington, 
Geiger, 

Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gotrrdin,  T.  L. 
Green, 
Gregg,  Waxcy 


202 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Gregg,  William 
Grisham, 

Messrs.  Jliddleton,  Williams 
i\Iiles, 

KaiJiniond, 

^loorc. 

Hanekel, 
Harllee, 

Moorman, 
Noble, 

Harrison, 

Nowell, 

Hayne, 
Henderson, 

O'Hear, 
Orr, 

Honour, 

Palmer, 

Hopkins, 
Hunter, 

" 

Parker, 
Perrin, 

Hutson, 
Inglis, 

Pope, 
Porcher, 

Ingram, 

Jackson, 

Jefferies, 

Pressley, 

Quattlebaum, 

Piainey, 

Jenkins,  John 

Reed, 

Jenkins,  J. 

E. 

Rhett, 

Johnson, 

Rhodes, 

Keitt, 

Richardson,  J.  P. 

Kershaw, 

Robinson, 

Kil^ore, 
Kinard, 

Rowell, 
Rutledge, 

Kinsler, 

Scott, 

Landrura, 

Sessions, 

Lewis, 

Shingler,  J.  M. 

Logan, 

Shinglcr,  W.  P. 

Lyles, 
Mclver, 

Simpson, 

Sims, 

McKee, 

Smith, 

McLeod, 
Magrath, 

Smyly, 
Snowden, 

Manigault, 
Manning, 
Mauldin, 
Maxwell, 

• 

Spain, 
Spratt, 
Springs, 
Stokes,      • 

Mayes, 

Mazyck, 

Means, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 

Middletou,  John  Izard 

Tompkins, 

THURSDAY,  MARCH  28,  1861.  203 

Messrs.  Wagner,  ,  Messrs.  Williams, 

Wannamaker,  Wilson,  I.  D. 

Wardlaw,  D.  L.  Wilson,  J.  H. 

Wardlaw,  F.  H.  Wilson,  W.  B. 

Watts,  •  Withers, 

Whitner,  .  Woods, 

Wier,  Young. 

The  journal  of  yesterday's  proceedincs  was  read. 

Mr.  Thomas  Smith,  Delegate  elected  from  Darlington  District,  to  fill 
the  vacancy  occasioned  by  the  death  of  Mr.  Julius  A.  Dargan,  appeared 
at  .the  Clerk's  desk,  produced  his  credentials,  signed  the  roll,  and  took 
his  seat.    , 

Mr.  Hhett  introduced  the  following  Ordinance,  which  was  referred 
to  the  Committee  on  Relations  with  the  Slaveholding  States  of  North 
America,  and  was  ordered  to  be  printed  : 

AN   ORDINANCE 

Ceding  the  possession  of  the  Forts,  Arsenals  and  Marine  Hospitals  to 
the  Confederate  States. 

Whereas,  the  Congress  of  the  Confederate  States  has  recommended 
to  the  respective  States  to  cede  the  Forts,  Arsenals,  Navy  Yards,  Dock 
Yards,  and  other  public  establishments  within  their  respective  limits, 
to  the  Confederate  States  '. 

We,  the  People  of  the  Slate  of  South  Carolina,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 

That  the  absolute  and  exclusive  possession  and  control  of  all  the 
Forts,  Arsenals,  or  Marine  Hospitals,  in  this  State,  lately  occupied  by 
the  Government  of  the  United  States,  be,  and  the  same  are  hereby, 
ceded  to  the  Confederate  States  of  America,  under  this  following  con- 
dition, however :  That  should,  at  any  time  hereafter,  two-thirds  of  both 
branches  of  the  Legislature  of  this  State,  or  the  People  of  this  State 
assembled  in  Convention,  require  of  the  President  of  the  Confederate 
States  that  the  said  Forts,  Arsenals,  or  Marine  Hospitals,  shall  be  sur- 
rendered up  and  restored  to  the  possession  of  this  State,  the  said  request 
shall  be  promptly  complied  with. 

A  communication  was  received  from  his  Excellency  the  Governor, 
and  was  read  by  his  private  Secretary,  Mr.  Shacklcford. 

On  motion  of  Mr.  iiarllee,  the  commuuicatioo  was   made  the  special 


204 


JOURNAL  OF  THE  CONVENTION, 


order  of  the  day  for  to-morrow,  at  one  o'clocl^-,  P.  M.,  ^id  was  ordered 
to  be  printed  j'and  the  accoiupanyinp  documents  were  ordered  to  lie  on 
the  table. 

GENERAL  ORDERS. 

The  report  of  the  Committee  on  Printing,  on  a  resolution  to  have  the 
Ordinance  of  Secession   photographed,  was  ordered  to  lie  on  the  table. 

On  motion  of  ]Mr.  Quattlebauui,  the  General  Orders  were  suspended; 
and 

Mr.  Quattlebaum  presented  the  report  of  the  Committee  on  Printing, 
recoramendini;];  that  Messrs.  Evans  &  Cogswell  be  requested  to  furnish, 
two  hundred  litho,i:raphic  copies  of  the  Ordinance  of  Secession  for  the 
use  of  the  Convention  ;  which  was  considered  immediately;  and  the 
question  being  put,  will  the  Convention  agree  to  the  report?  it  passed* 
in  the  affirmative  :  . 

Yeas,  99;  nays,  63. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are 


Hon.  D. 

F.  Jamison, 

President;  and 

Messrs.  Allison, 

Messrs 

.  Crawford, 

Appleby, 

Darby, 

Atkinson, 

Davant, 

Barnwell, 

Davis, 

Bethea, 

DeSaussure, 

Bobo, 

DeTrevillc, 

Bonneau, 

Duncan, 

Brown,  A.   H. 

Dunkin, 

Burnet, 

DuPre, 

Cain, 

Ellis, 

Caldwell, 

English, 

Calhoun, 

Fhid, 

Campbell, 

Forster, 

Carlisle, 

Fraiupton, 

Cam, 

Furman, 

Carroll, 

Geigei:, 

Caughman, 

• 

Gist, 

Cauthen, 

Gourdin,  R.  N. 

Charles, 

Gregg,  Maxcy, 

Cheves, 

Gregg,  William 

THUKSDAY,  MARCH  28,  1861. 


205 


Messrs.  Hammond, 
Hanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hutson, 
Inglis, 
Incram, 
Jackson, 
Jenkins,  J.  E. 
Kilgore, 
Kinard, 
Kinsler, 
Landrura, 
Lyles, 
McKee, 
McLeod, 
Magratb, 
Manigault, 
Manning, 
Mazyck, 
Means, 
Miles, 
Jloore, 
Moormaa, 
Noble, 
O'Hcar, 


Messrs.  Palmer, 
Parker. 


Pope, 

Porclier, 

Prcssley, 

Quattlebaum, 

Raincy, 

llhctt, 

Ebodes, 

Richardson,  F.  D. 

Ricbardson,  J.  P. 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Sbingler,  J.  M. 

Sims, 

Smitb,  J.  J.  P. 

Smitb,  Thomas 

Smyly, 

Snowdcn, 

Spratt, 

Stokes, 

Tompkins, 

Townsend, 

Wardlaw,  F.  H. 

Wbitner, 

Wilson,  J.  H. 


Those  who  voted  in  the  negative,  are 


Messrs.  Adams, 
Aycr, 
Barron, 
Barton, 
Bcaty, 
Bellinger, 
Brabham, 
Brown,  C. 


P. 


Messrs.  Chesnut, 
,      Clarke, 

Conner,  • 

Dunovant,  A.  Q. 

Dunovant,  R.  G.  M. 

Easley, 

Evans, 

Fair, 


206 


JOURNAL  OF  THE  CONVENTION, 


Meflsn.  Foster, 

Gadberrv, 
I     Garlinpton, 
Glover, 
Goodwin, 
Gourdin,  T.  L. 
Green, 
Grishani, 
Hopkins, 
Hunter, 
JcflTcries. 
•Jenkins,  John 
Johnson, 
Koitt. 
Kershaw, 
Lewis, 
Lofran, 
McCrady. 
Mclver, 
Mauldln, 
Maxwell, 
Mayca, 

Middlctun,  J.  Izanl 
Middletou,  W. 

So  the  report  was  aprropd  to. 
Mr.  Quattlebauui  offered  the 


Messrs.  Nowell, 
Orr, 


I'orrin, 

Kccd, 

Robinson, 

Shinpler,  W.  P. 

Sinipson, 

Spain, 

Springs, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Wagner, 

Wannamaker, 

AVardlaw,  D.  L. 

Wetts, 

Wier, 

Williams, 

Wils.m,  I.   D. 

Wilson,  W.  B. 

Withers, 

Woods, 

Younjr. 


following;  resolutions : 


Kesfjlvrd,  That  Gcn.  P.  G.  T.  Reauregard,  now  commanding  the 
military  forces  in  the  vicinity  of  Charleston,  by  order  of  the  Provisional 
Government  of  the  Confederate  States  of  America,  and  with  the  ap- 
proval of  the  Kxecutive  authority  of  South  Carolina,  be  allowed  the 
privilccs  of  a  seat  on  the  floor  of  the  Cunvcutiun,  whenever  it  may 
(suit  his  coDvenieuce  to  be  present  at  any  other  than  the  secret  sessions 
thereof.  • 

liesuloeJ,  That  a  Committee  of  three  be  appointed  to  make  known 
to  Gen.  Beauregard  the  purport  of  the  foregoing  resolution. 

Mr.  Adams  offered  the  following  amendment,  which  was  agreed  to: 

Resolved,  That  the  President  of  the  Convention  extend  to  Gen. 
Beauregard  the  privilege  of  a  seat  on  the  floor  of  the  Convention. 


THURSDAY,  MARCH  28,  1861.  207 

Mr.  Manigault  offered  the  following  resolutions,  which  were  ordered 
for  consideration  m  secret  session,  and  to  be  printed  : 

»l^^l!  Resolved,  That  in  the  Constitution  adopted  by  the  Congress  of 
the  Confederate  States,  at  Montgomery,  many,  but  not  all,  of  the 
material  defects  of  the  Constitution  of  1787/tpointed  out  by  the  expe- 
rience of  seventy  years,  have  been  amended  or  removed, 

2.  Resolved,  That  before  this  Convention  ratifies  the  Constitution 
adopted  at  Montgomery,  we  feel  bound  to  express  our  conviction  that 
it  is  imperfect  and  objectionable,  and  ought  to  be  attended  on  the  fol- 
lowing points : 

1st.  In  leaving  open  the  door  to  the  admission  of  non-slaveholding 
States  into  this  Confederacy. 

2d.  In  adopting  the  basis  of  only  three-fifths  of  the  slaves  in  calcu- 
lating federal  population. 

3d.  In  granting  to  tha  Government  of  the  Confederacy  an  unlimited 
power  of  indirect  taxation. 

,  4th.  In  making  the  prohibition  to  import  Africans  a  constitutional 
principle,  and  not  merely  giving  to  the  Confederate  Government  the 
power  to  prohibit  it  as  a' matter  of  expediency,  and  in  not  putting  the 
Coolie  trade  on  the  same  footing, 

5th.  In  continuinc  the  Post  Office  monopoly  in  the  hands  of  the 
Confederate  Government. 

Mr.  Ilutson  proposed  to  introduce  certain  resolutions;  Mr.  Dunkin 
objected;  and  the  question  being  put,  will  the  Convention  now  receive 
this  ?  it  passed  in  the  negative  : 

Yeas,  60  ;  nays,  94. 

The  yeas  and  nays  were  demanded,  and  are  as  followb : 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Adams,  Messrs.  Campbell, 

Ayer,  Cam, 

Bellinger,  (^arroll, 

Bonncao,  Chcsnut, 

lirown,  C.  P.  Clarke, 

Burnet,  T>nrby, 

Cain,  I'.'ivant, 

Caldwell,  DeSauwure, 

Calhoun,  £t»iis, 


208 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Flud, 

Forstcr, 


Messrs.  Moorman, 


Frainpton, 

Furiuan, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gregg,  Maxcy 

Henderson, 

Inglis, 

Jenkins,  John 

Keitt, 

Kershaw, 

Kinsler, 

M  elver, 

McLeod, 

^lagrath, 

Manigault, 

Mazyck, 

Middleton,  John  Izard 

Middleton,  Williams 


Noble, 

Nowcll, 

O'llcar, 

Palmer, 

Pressley, 

Rhett, 

Richardson,  F.  D. 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Shingler,  J.  M. 

Simons, 

Smith,  J.  J.  P. 

Snowden, 

S^in, 

^pratt, 

Stokes, 

Wagner, 

Wilson,  J.  H. 


Those  who  voted  in  the  negative,  are 


Messrs,  Allison, 
Atkinson, 
RariiwcU, 
Barron-, 
Barton, 
Beaty, 
Betliea, 
Bobo, 
Brabham, 
Brown,  A.  H. 
Carlisle, 
Caughman, 
Cauthen, 
Charles, 
Clteves, 
Conner, 


Messrs.  Crawford, 
Davis, 
BeTreville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
DuPre, 
Ellis, 
•    English, 
Fair, 
Foster, 
Garlington, 
Geiger, 
Goodwin, 
Gourdin,  T.  L. 
Green, 


THURSDAY,  MAKCH  28,  1861. 


209 


Messrs.  Grepjf^,  William 

Messrs.  Pope, 

Oris  ham, 

Porch  er, 

Hammond, 

Quattlebaum, 

*           Kanckel, 

Rainey, 

Harrison, 

Reed, 

Hajne, 

Rhodes, 

Plonour, 

Robinson, 

Hopkins, 

Rowell, 

Hunter, 

Sessions, 

Ingram, 

Shingler,  W.  P. 

Jcfferies, 

'                  Simpson, 

Jenkins,  J.  E. 

Siins, 

Johnson, 

Smith,  Thomas 

Kilsxorc, 

Smyly, 

Kinard, 

Springs, 

Land  rum, 

Thompson,  R.  A. 

Lewis, 

Timmons, 

Logan, 

Tompkins, 

Lyles, 

Townsend, 

McCrady, 

Wannamakcr, 

McKce, 

Wardlaw,  D.  L. 

Manning, 

Wardlaw,  F.  H. 

MauWin, 

Watts, 

Maxwell, 

Whitner, 

Mayes, 

Wier, 

Means, 

Williams, 

Miles, 

Wilson,  I.  D. 

Moore, 

Wilson,  W.  B. 

Orr, 

Withers, 

Parker, 

Woods, 

Perrin, 

.    Young. 

So  the  resolutions  were  not  received. 

Mr.  Pope  offered  the  following  resolution,  which  was  ordered   for 
consideration  to-morrow  : 


Rr^ohrd,  That  all  amendments  in  the  shnpc  of  resolutions  or  Ordi- 
nances, to  be  proposed  to  the  Constitution  submitted  to  (his  Convention 
for  the  Confederate  States,  be  offered  in  secret  session  ooly. 


210 


JOURNAL  OF  THE  CONVENTION, 


On  motioA  of  Mr.  Cam,  it  was* 

•   Ordcrcff,  That  when  this  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morroW,  at  twelve  o'clock,  M.  , 

Mr.  D.  L.  Wardlaw  offered  the  following  resolution,  which  vyas  made 
,  the  special  order  of  the  day  for  to-morrow,  at  twelve  o'clock,  M. : 

Jicsn/icd,  That  a  motion  to  sit  with  closed  doors  be  a  privileged  mo-^- 
tiou,  which  may  be  made  whenever  a  motion  to  take  a  recess  might  be^^r 

Mr.  F.    H*  Wardlaw  proposed  to  introduce  certain  resolutions  ;  Mr. 
John  Izard  Middletou  objected  ;  and  the  question  being  put,  will  the 
Convention  now  receive  this?  it  passed  in  the  negative: 
Yeas,  1  ;  nays,  144. 
The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Mr.  F.  II.  Wardlaw  voted  in  the  affirmative ;  and  those  who  voted  . 
in  the  ncsrative,  are 


Hon. 

Messrs.  Adams, 
Allison, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Bonneau, 
Brabham, 
Brown,  A.  II. 
Brown,  C.  P. 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Carn, 


D.  F.  Jamison,  President,  and 

Messrs.  Carroll, 

Caughman, 

Cauthen, 

Charles,  , 

Chevcs, 

Clarke, 

Conner, 

Crawford, 

Darby, 

Duvant, 

Davis, 

DoSau.s.sure, 

DeTroville, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 
,  Dunovant,  11.  G.  M. 

DuPre, 

Ellis, 

English, 

Evans, 


THURSDAY,  MARCH  28,  1861. 


211 


Messrs.  Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Gi^cu, 

Gregg,  Maxcy 
Gregg,  William 
Grisham, 
Hammond, 
Hanckel, 
Harrison, 
Hajne, 
Henderson, 
Honour, 
Hopkins, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jeflferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
Land  rum, 
Logan, 
Lyles, 
McCrady, 


Messrs.  Mclver, 
McKee, 
McLcod, 
Magrath, 
Manigiyilt, 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 
Means, 

Middleton,  John  Izard 
Middleton,  Williams. 
JlocSrc, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 
-  Parker, 
Perrin, 
Pope, 
Porch  er, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhodes, 
Robinson, 
Rowell, 
Rutledge, 
Scott, 

Seabrook,  E.  M. 
Sessions, 
Shingler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson, 
Sims, 


2%^  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Smitb,  J.  J.  P  Messrs.  Townsend, 

Suiitli,  Thomas  Wannamaker, 

Siuyly,  -  AVatts, 

Snowden,  Whitner, 

Spain,  Wier, 

Spratt,  •  "VVilliams, 

Springs,  Wilson,  I.  D. 

Stokes,  Wilson,  J.  H. 

Thompson,  R.  A.  Wilson,  W.  B. 

Timmons,  Woods. 
Tompkins, 

So  the  resolutions  were  not  received. 

On  motion  of  Mr.  McCrady,  leave  of  absence  was  granted  to   Mr. 
Cauthen,  on  account  of  sickness  in  his  famil}-. 

On  motion  of  Mr.  Rhett,  the  Convention  was  adjourned  at  three 
o'clock,  P.  M. 

B.  F.  ARTHUR, 
C/er/c  of  (he  Convention. 


FRIDAY,  MARCH  29,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  J.  Wannamakcr. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 

Messrs.  Adams,  Messrs.  Bethea, 

Allison,  Bunncnu, 

Appleby,  Brabham, 

Atkinson,  Brown,  A.  H. 

Aycr,  Brown,  C.  P. 

Barnwell,  Burnet, 

Barron,  Cain, 

Barton,  Caldwell, 

Beaty,  Calhoun, 


FRIDAY,  MARCH  29.  1861. 


213 


Messrs.  Carlisle, 
Carn, 

Caughman, 
Cliesnut, 
Cheves, 
Clarke,  • 

Conner, 
Crawford, 
Darby, 
Davant, 
Davis,   , . 
DeSaussure, 
DeTreville, 
Duncan, 

Dunovanl,  A.  Q. 
Dunovant,  R.  G.  M. 
DuPre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Find, 
Forster, 
Foster, 
Frampton, 
Furmaa, 
Gadberry, 
Garlingtbn, 
Geiger, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.   N. 
Gourdin,  T.  L. 
Green, 

Gregg,  Maxcy 
Gregg,  William 
Grisham, 
HammoDd, 


MessVs.  Harllee, 
Harrison, 
Hayne, 
Henderson, 

Honour, 
Hopkins, 

Hunter,  ^ 

Hutson, 

Inglis, 

Ingram, 

Jack.son, 

JeflPeries, 

Jenkins,  John 

Jenkins,  J.  'E. 

Johnson, 

Kcitt, 

Kershaw,  ^ 

Kilgore,  ' 

Kinard, 

Kin.'^Jer, 

Land  rum, 

Lewis, 

Logan, 

Lyles, 

Mclvcr, 

McKee, 

McLeod, 

Magrath, 

Mauldin, 

Maxwell, 

Mayes, 

Means, 

MiddIf(oD,  John  Tzard 

Middleton,  Williams 

Miles, 

Moore, 

Noble, 

Nowell,       • . 

O'Hcar, 

Urr, 


214 


JOURNAL  OF  THE  CONVilNTION, 


Messrs.  Palmer, 
Parker, 


Perrin, 

Pope, 

Porchor,. 

Quattlebaum, 

Painey, 

llbctt, 

Rhodes, 

Robinson, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith,  Thomas 

Smith,  J.  J.  P. 


Messrs.  Smyly, 

Suowden, 
Spain, 


Spratt, 
Springs, 
Stokdfe, 

Thompson,  R.  A. 
Timmons, 
Tompkins, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardhiw,  F.  H. 
Watts, 
AVhitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
.  Woods, 
Young-. 


The  journal  of  yesterday's  proceedings  was  read. 

The  President  announced  that  Mr.  James  Conner  is  added  to  the 
Committee  on  the  Constitution  of  the  State;  and  that  Mr.  Tl^omas 
Smith  is  added  to  the  Committee  on  Commercial  Relaiions  and  Postal 
Arrangements. 

Mr.  Jolin  Izard  Middlcton  offered  the  following  resolutions: 

1.  Resolved,  That  the  true  policy  of  South  Carolina  consists  in  the 
establishment  of  free  trade,  and  her  people  never  will  consent  to  yield 
obedience  to  any  government  that  violates  a  policy  so  essential  to  their 
prosperity. 

2.  Resolved,  That  it  is  indit^pensable  to  the  succe.^s  of  our  agricul- 
ture, and  the  profitable  development  of  the  mechanic  arts  amongst  us, 
that  the  labor  markets  of  the  world  should  be  open  to  us. 

3.  Resolved,  That  the  right  of  self-government  by  the  people  of  this 
State  was  acquired  through  the  Revolution  of  1776,  and  ought  never 
to  be  held  subject  to  the  limitatipns  of  a  government  national  in  its 
character,  whilst  it  would  be  perfectly  safe  under  a  Federative  system. 


FRIDAY,  MARCH  29,  1861.  215 

4.  liesolved,  That  all  attempts  to  mingle,  with  any  good  result, 
National  and  Federal  systems  have  proved  abortive,  and  will  always  be 
followed  by  unhappy  consequences,  and  arc  therefore  to  be  avoided. 

5.  Resolved,  That  a  slavcholding  community  that  allows  itself  to  be 
governed  or  controlled,  in  any  particular,  by  a  non-slaveholding  com- 
munity, must  be  alike  blind  to  what  is  essential  to  its  honor,  its  inter- 
ests; its  safety,  and  the  happiness  of  its  people. 

6.  Resolved,  That  the  permanent  Constitution  of  the  Confederate 
States  of  America,  agreed  upon  at  Montgomery,  Alabama,  and  recom- 
mended to  our  acceptance,  not  permitting  to  us  the  establishment  of 
the  policy  of  free  trade,'  taking  out  of  our  hands  (employed,  as  we  are, 
in  the  cultivation  of  semi-tropical  products,)  the  control  of  our  supply 
of  labor,  by  a  positive  prohibition,  giving  us  no  efficient  guaranty  of 
the  right  and  power  of  seli-goverriment  at  home,  mingling,  as  it  does, 

-the  National  and  Federative  sy-stems,  and  permitting  the  eventual 
accession  of  Anti-Slavery  communities  to  our  Confederacy  by  the  ab- 
sence of  a  constitutioital  prohibition,  cannot  be  accepted  by  South 
Carolina,  unless  it  be  amended  in  all  of  the  particulars  above  specified. 

SPECIAL  ORDER. 

iPending  the  reading  of  the  resolutions,  ou  motion  of  Mr.  D.  L. 
Wardlaw,  the. Convention  proceeded  to  the  consideration  of  the  follow- 
ing resolution,  which  had  been  made  the  special  order  of  the  day  for 
this  day,  at  twelve  o'clock,  M.  : 

Resolved,  That  a  motion  to  sit  with  closed  doors  be  a  privileged  mo- 
tion, which  may  be  made  whenever  a  motion  to  take  a  recess  might  be ; 

And,  pending  the  consideration  thereof,  on  motion  of  Mr.  Jveitt,  the 
Convention  went  into 


w 


SECRET  SESSION.  ^. 

i\    .. 

The  Convention  resumed  the  consideration  of  the  following  resolu- 
tion : 

Resolved,  That  a  motion  to  sit  with  closed  doors  be  a  privileged  mo- 
tion, which  may  be  made  whenever  a  motion  to  take  a  recess  might  be. 

Two-thirds  of  the  members  present  having  voted  in-  the  affirmative, 
the  resolution  was  agreed  to. 


216  JOURNAL  OF  THE  CONVENTION, 

The  Convention  proceeded  to  the  consideration  of  the  Constitution 
of  the  Confederate  States  of  America. 
The  Constitution  wsus  read  by  the  Clerk. 
•       Mr.  D.  L.  Wardlaw  offered  the  following  resolution  : 

The  Constitution  having  been  read,  Rcnolved,  That  in  the  further 
consideration  of  the  instrument,  observations  from  any  member  shall  be 
heard  in  reference  to  any  part  of  it ;  but  no  question  on  it  shall  be 
taken  unt'ii  the  question  of  ratification  or  rejection  shall  have  been 
decided.  If  ratified,  suggestions  of  amendment  may  be  afterwards 
considered  and  disposed  of.  If  rejected,  the  conditions  upon  which  it 
might  be  accepted  may  be  considered. 

Mr.  Furman  offered  the  following  amendment : 

Resolved,  That  in  the  consideration  of  the  Constitution,  and  before 
proceeding  to  vote  upon  the  question  of  ratification,  the  opportunity 
shall  be  afforded  for  the  presentation  of  proposcfd  clianjres  in  the  Con- 
stitution j  which  changes,  if  they  shall  be  approved  by  this  Convention, 
shall,  in  case  the  Constitution  shall  be  ratifiod  by  thi.s  body,  be  proposed 
to  the  Congress  of  the  Confederate  States  as  amendments  demanded 
•'^Ipy  the  State  of  South  Carolina. 

Mr.  Hutson  moved  to  lay  the  resolution  and  the  amendment  on  the 
table  J  and  the  question  being  put,  will  the  Convention  agree  thereto? 
Messrs.  Adams  and  Mcaus  were  appointed  tellers  : 
Yeas,  67  ;  nays,  84. 
So  the  motion  was  not  agreed  to. 

Mr.  Orr  moved  that  the  amendment  be  ordered  to  lie  on  the  table; 
and  the  question  being  put,  will  the  Convention  agree  thereto  ?  it  passed 
in  the  affirmative  : 

Yeas,  101;  nays,  60. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  arc 

Hon.  D.  F,  Jamiso.v,  President;  and 
Messrs.  Allison,  Messrs.  Beaty, 

Appleby,  15ethca, 

Barn  well,  J5obo, 

Barron,  Brabham, 

Barton,  Carn, 


FRIDAY,  MARCH  20;  18G1. 


217 


Messrs.  Caugbman, 
Chcsnut,    . 
Cenner, 
Crawford, 
Darby, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunldn, 

J)unovant,  A.  Q. 
Dunovant,  R.  G.  M. 
.    Easley, 
KUis, 
Englisb, 
Evans, 
Foster, 
Gradberry, 
GarlingtoD, 
Geiger, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
Grishain, 
Hammond, 
Harllce, 
Harrison, 
Henderson, 
Honour, 
,  Hopkins, 
Hunter, 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  J.  E. 
Jobnson, 
Keitt, 
Kinard, 
28 


Messrs.  Landrum, 
Lewis, 
Lyles, 
McCrady, 
McKee, 
Magratb, 

Manning,  , 

Mauldin, 
Maxwell, 
Mayes, 
Means, 
Moore, 
Noble, 
Orr, 

Parker,    . 
Perrin, 
Porcber, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rbett, 

Ricbardson,  J.  P. 
Robinson, 
Howell, 
Sessions, 
Sbingler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson, 
Sims, 
Smyly, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thoroarf 
Tompkins, 
Wagner, 
Wannamakcr, 
Wardlaw,  D.  L. 


218 


JOURNAL  OF  THE  CONVENTION, 


•  Messrs.  Wardlaw,  F.  H. 
.  Watts, 
Whitner, 
Wicr,       * 
Wilson,  I.  D. 


Messrs.  Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 

YoUDf;. 


Those  who  voted  in  the  negative,  are 


Messrs.  Adamp, 
Atkinson, 
Bellinger, 
Bonneau, 
Brown,  A.  H. 
Brown,  C.  P. 
Burnet,  . 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
•  Carlisle, 

Carroll, 
Charles, 
Chcves, 
Clarke, 
Davant, 
Davis, 
DuPre, 
Fair, 
Flud, 
Forster, 
Frampton, 
Furman, 
Gist, 

Gregg,  Maxcy 
Hanckcl, 
Hayne, 
Ilut^on, 
Inglis, 


Messrs.  Jenkins,  John 

Kershaw,  « 

Kilgore, 

Kinsler, 

Logan, 

Mclver, 

McLeod, 

Manigault, 

Mazyck, 

Middlcton,  John  Izard 

Middleton,  Williams 

Miles, 

Moorman, 

Nowell, 

O'PIear, 

Palmer, 

Pope,  • 

Ehodes, 

Richardson,  F.  D. 

Rutledgc, 

Scott, 

Seabrook,  E.  M. 

Smith,  J.  J.  P. 

Smith,  Thomas        , 

Snowdcn, 

Spain, 

Spratt, 

Timmons, 

T».wnscnd, 

Williams. 


So  the  motion  was  agreed  to. 


FRIDAY,  -MARCH  29,  1861. 


219 


Mr.  Cheves  moved  that  the  resolution  be  ordered  to  lie  on  tho  tablel- 
and the  question  being  put,  will  the  Convention  agree  thereto  ?  it 
passed  iu  the  negative. 

Yeas,  61;  nays,  100.  • 

The  yeas  and  nays  were  demanded,  and  arc  as  follows  : 

Those  who  voted  in  the  affirmative,  arc 


Messrs.  Bellinger, 
Bonneau, 
!yrowu,  A.  H. 
Brown,  C.  P. 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carroll, 
Caughman, 
Cheves, 
Clarke, 
Davant, 
Davis, 
Duncan, 
Dul^re, 
Evans, 
Fair, 
.  riud, 
Forster, 
Frampton, 
Furniau, 
Garlington, 
Gist, 

Gourdin,  R.  N. 
Gregg,  Maxcy, 
Hutson, 
Inplis, 
JeflfcricH, 
Jenkins,  John 


Messrs.  Jenkins,  J.  E. 
Kershaw, 
Kilgore, 
Kinsler, 
M  elver, 
McKec, 
McLcod, 
Manigault, 
Mazyck, 

Middleton,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Moorman, 
Nowell, 
O'Heai:, 
■  Palmer, 
Pope, 
Rhodes, 

Richardson,  F.  D. 
Rutledge, 
Scott, 

Seabrook,  E.  M. 
Smith,  J.  J.  P. 
Snowden, 
Spain, 
Spratt, 
Townscnd, 
■Williams. 
Wilson,  I.  D. 


'•^20  JOURNAL  OF  THE  CONVENTION, 

Those  who  voted  in  the  negative,  are 


Hon.  D.  F. 
Messrs.  Adau*, 
Allison, 
Applebj, 
Atkinson, 
JJarnweU. 
Barron, 
Barton, 
Bepty, 
Bethea, 
Bobo, 
Brabhara. 
Carlisle, 
Cam, 
Charles, 
Chesnut, 
Conner, 
Crawford, 
Darby,. 
BeSaussure, 
BeTreville, . 
Duukin, 

l)nnovant,'  A.  Q. 
Dunovaut,  R.  G.  M. 
Easley, 
Ellis," 
English, 
Foster, 
.  Gadberry, 
n^eiger. 
Glover, 
Goodwin, 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
Grishaiu, 
Hammond, 
Hanckel, 


Jamison,  President;  and 
Messrs.  Karltee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hopkins, 
Huntefj 
Ingram, 
Jackson, 
Johnson, 
Keitt, 
Kinard, 
Landrum, 
Lewis, 
Logan, 
Lyles, 
•   McCrady, 
Magrath, 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Means, 
Noble, 
Orr, 
Parker, 
Perrin, 
Porcher, 
Vresyley, 
(iuattlobaum, 
liainey, 
Reed, 
Ilhett, 

Richard.sou,  J.  P. 
Robinson, 
Rowell, 
Sessions, 


FRIDAY,  -MARCH  29,  1861. 


22l 


Messrs.  Shingler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson, 
•    Sims, 

Smith,  Thomas 
Smyly, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Tiinmons, 
Tompkins, 


Messrs.  Wagner, 

Wannamaker, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Whitner, 

Wier, 

Wilson,  J.  n. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


So  the  motion  -was  not  agreed  to. 
The  resolution  was  agreed  to. 
On  motion  of  Mr.  Orr,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  ah:il]  be  adjourned 
to  meet  on  Monday  next,  at  twelve  o'clock,  M. 

SPECIiU.   ORDER. 

On  motion  of  Mr.  Ilarllee,  the  Convention  proceeded  to  the  con- 
sideration of  the  communication  from  his  Excellency  the  Governor, 
which  had  been  made  the  special  order  of  the  day  for  this  day,  at  one 
o'clock,  P.  M. 

Mr.  Harllee  offered  the  fojlowing  resc^itions,  which  were  considered, 
and  ^ere  agreed  to : 


Rewhcd,  That  so  much  of  the  communication  of  his, Excellency  the 
Governor,  with  the  accompanying  documents,  as  relates  to  the  corres- 
pondence of  the  Executive  with  the  authorities  of  the  Confederate 
States,  and  the  late  United  States,  be  referred  to  the  Committee  on 
Foreign  Relations. 

2.  That  so  much  thereof,  with  the  accompanying  documents,  as 
relates  to  the  Finances  and  Postal  Arrangements,  be  referreu  to  the 
Committee  on  Commercial  Relatione  and  Postal  Arrangements. 

3.  That  80  much  thereof,  with  the  accompanying  documcnta,  as 
relates  to  the  tian.sfcr  of  the  enlisted  troops,  arms,  ordnance  and  muni- 
tions of  war,  to  the  Government  of  the  Confederate  Statea;  and   so 


222  JOURNAL  OF  TUE  CONVENTION, 

much  as  relates  to  the  Coast  Defences  and  Volunteers  in  the  service  of 
this  State,  be  referred  to  a  Special  Com  mil  tee  on  the  Jlilitarj,  to  be 
appointed  by  the  President  of  this  Convention. 

4.  That  the  Couuuittocs  be  authorized  and  instructed  to  cause  to  be 
printed  the  documents  referred  to  them,  with  discretion  to  omit  such 
portions  as  they  may  deem  it  improper  to  make  public^  or  unnecessary 
to  print. 

Mr.  Orr  offered  the  following  resolution,  which  was  referred  to  the 
Committee  on  the  Military: 

Resolved,  That  the  troops  ordered  by  this  body  to  be  raised  for  the 
defence  of  the  State,  are  recommended  to  the  service  of  the  Confeder- 
ate States,  in  part  or  in  whole,  as  in  the  opinion  of  the  Government  of 
the  Confederate  States,  the  interests  of  the  Confederacy  require. 

The  President  announced  the  following  Committee  on  the  Military  : 

Messrs.  W.  W.  Harllee, 
W.  P.  Miles, 
R.  DeTreville, 
R.  G.  M.  Dunovant, 
Maxcy  Gfegg, 
J.  B.  Kershaw, 
J.  M.  Gadberry 

Mr.  Orr  introduced 

An  Ordinance  to  ratify  the  Constitution  of  tlic  Confederate  States  of 
America;  and  pending  the  colisideration  thereof, 

On  motion  of  Mr.  Orr,  tlie  Convention  was  adjourned  at  forty-five 
minutes  past  three  o'clock,  P.  M. 

B.  F.  ARTIJUR, 

Clerk  of  the  Convention., 


MONDAY,  APRIL  1,  18G1. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
look  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev,  J.  M.  Tiuunons. 


MONDAY,  APRIL  1,  1861. 


223 


The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs. 


Adams, 

Messrs.  DuPre, 

Allison, 

Easley, 

Appleby, 

Ellis, 

Atkinson, 

Evans, 

Ayer, 

Fair, 

Barnwell, 

Flud, 

Barron,                   ^ 

Forster, 

Barton, 

Foster, 

Beaty, 

Frampton, 

Bellinger, 

Furman, 

Bethea, 

Gadbcrry, 

Bobo, 

GanJington, 

Bonncau, 

Gciger, 

Brabham, 

Gist, 

Brown,  A,  H. 

Glover, 

Brown,  C.  P. 

Goodwin, 

Burnet, 

Gourdin,  R.  N. 

Cain, 

Gourdin,  T.  L. 

Caldwell, 

Green, 

Calhoun, 

Gregg,  Maxcy 

Campbell, 

Gregg,  AVilliam 

Cauiislc, 

Grisham, 

Cara, 

Harllee, 

Carrolf, 

Harrison, 

Caughman, 

Hayne, 

Charles, 

Henderson, 

Chcsnut, 

Honour, 

Cheves, 

Hopkins, 

Clarke, 

Hunter, 

Conner, 

Hutson, 

Crawford, 

Inglis, 

Darby, 

Jackson, 

Davis, 

Jcffcries, 

DcSaussure, 

Jenkins,  John 

Duncan, 

Jenkins,  J.  E. 

Dunkin, 

Johnson, 

Dunorant,  R.  G.  M. 

Kerehaw, 

224 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kilgore, 
Kioard, 
Kinsler, 
Landrum, 
Lewis, 
Lyles, 
,  Mclvcr, 
jMcKee, 
•     McLeod, 
Magrath, 
JManigault, 
Manning, 
Maul  din, 
Maxwell, 
Mayes,  » 

Means, 

Middleton,  John  Izard 
MiddletoD,  Williams 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowell," 
O'Hear, 
Orr, 
Palmer, 
Parker, 
Perrin, 
Pope, 
Pressley, 
Quattlebaum, 
Rainey, 
Reed, 
Rhctt, 


Messrs.  Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Rutledge, 

Scott, 

Seabrook,  E.  ftL 

Sessions, 

Shingler,  J.  M. 

^imons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Smyly, 

Spain, 

Spratt, 

Springs,. 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  D.  ].. 

Watts, 

Wier, 

Williams, 

Wilson,  L  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Woods, 

Younff, 


The  journal  of  Friday's  proceedings  was  read. 
Mr.  Chesnut  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 


Resolved,  That  the  President  of  the  Convention  be  authorized  to 


MONDAY,  APRIL  1,  1861.  225 

extend  to  Hon.  Louis  T.  Wigfall  the  privilege  of  a  seat  on  the  floor  of 
the  Convention. 

Mr.  Dunkiu,  from  the  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  presented  the  following  report,  which  was  considered 
immediately,  and  was  agreed  to  : 

The  Committee  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  were  referred  the  communications  of  the  Post  Master  General 
and  of  the  Secretary  of  the  Treasury,  report : 

That  they  have  examined  the  same,  and  respectfully  recommend  that 
the  usual  number  of  copies  of  both  documents  be  printed  for  the  use 
of  the  Convention,  and  that  five  hundred  extra  copies  of  the  communi- 
cation of  the  Secretary  of  the  Treasury  be  printed  for  distribution. 

The  President  laid  before  the  Convention  the  following  communica  - 
tion  :  . 

Charleston,  1st  April,  1861. 
To  the  Hon.  D.  F.  Jamison,     . 

President  of  the  Convention  of  South  Carolina  : 

Dear  Sir  :  The  Executive  Board  of  the  Carolina  Art  Association 
has  invested  me  with  authority,  which  I  gladly  exercise,  to  invite  the 
members  of  the  Convention  over  which  you  preside,  to  visit  the  Gallery 
of  Art,  in  Meeting  street,  whilst  deliberating  here  for  the  public  weal. 
The  Secretary  will  take'  pleasme  in  furnishing  the  members  with 
season  tickets  for  their  conveuicut  use. 

It  is  hoped  that  an  hour  bestowed  occasionally  in  viewing  some  spe- 
cimens of  Art,  including  Leutzc's  Illustration  of  Jasper  and  the  old 
Palmetto  Forti,  may  contribute  an  agreeable  -diversion  to  the  minds  of 
gentlemen  habitually  engrossed  in  the  discussion  of  grave  concerns  of 
State.  I  have  the  honor  to  be, 

With  great  respect, 

Your  ob't  serv't, 

R.  F.  W.  ALLSTON, 
President   C.  A.  A. 

On  motion  of  Mr.  Chcsnut,  the  invitation  was  accepted. 


29 


226  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  Orr,  the  Convention  went  into 
SECRET  SESSION. 

The  Convention  resumed  the  consideration  of 

An  Ordinance  to  ratify  the  Constitution  of  the  Confederate  States  of 
America; 

And,  pending  the  consideration  thereof,  on  motion  of  Mr.  Orr,  it  was 
ordered,  that  when  the  Convention  adjourns,  it  shall  be  adjourned  to 
meet  to-morrow,  at  -eleveu  o'clock,  A.  M. 

On  motion  of  Mr.  Carn,  the  Convention  was  adjourned  at  forty-five 
minutfes  past  three  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clcrh  of  the  Convention. 


TUESDAY,  APRIL  2,  186L 

At  thc.hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  diair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev.  T.  R.  English. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
•      Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Belhea, 
Bobo, 
Bonneau, 
Brabham, 
BrowUj  A.  H. 


Messrs.  Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Carn, 
Carroll, 
Caughman, 
Cauthen, 
Charles, 
Chesnut, 
Cheves, 
Conner, 
Crawford, 


TUESDAY,  APRIL  2,  1861. 


227 


jyiessrs.  Darby, 

Messrs.  Inglis, 

Davant, 

Ingram, 

Davis, 

Jackson,                   • 

DeSaussure, 

Jefferies, 

DeTreville, 

Jenkins,  John 

Duncan, 

Jenkins,  J.  E. 

Dunkin, 

Johnson, 

Dunovant,  R 

.  G.  M. 

Kershaw, 

DuPre, 

Kilgore, 

Easley, 

Kinard, 

Ellis, 

JCiosler, 

English, 

Landrum, 

i^vans, 

Logan, 

Fair, 

Lyles, 

Flud, 

IMcCrady, 

Foster, 

Mclver, 

Frauipton, 

McKee, 

Furman, 

McLeod, 

Gadberry, 

Magrath, 

Garlington, 

Manigault, 

Geiger, 

Mauldin, 

•     Gist, 

Maxwell, 

•             Glover, 

Mayes,               .. 

•      Goodwin, 

Mazyck, 

Gourdin,  R. 

N. 

Means, 

Gourdin,  T. 

L. 

Miles, 

Green, 

Moore, 

Gregg,  Maxcy 

Moorman, 

Gregg,  William 

Nowell, 

Grisham, 

O'Hear, 

Hammond, 

Orr, 

Hanckel, 

Parker, 

Harllee, 

Pressley, 

Harrison, 

Quattlebaum, 

Hayne, 

Rainey, 

Henderson, 

Reed, 

Honour, 

Rhett, 

Hopkins, 

Rhodes, 

Hunter, 

Richardson,  F.  D. 

■  Hutson, 

Robinson, 

228 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Rowel), 

Scab  rook,  E.  M. 
«  Sessions, 
Shinglcr,  J.  M. 
Siiuons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smyly, 
Snowden, 
Spain, 
Spratt, 
Springs, 
Stokes, 


Messrs.  Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townscnd, 
"Wannainakcr, 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
Youns. 


The  journal  of  yesterday's  proceedings  was  read. 

Mr.  Withers  presented  the  report  of  the  Committee  on  Relations 
with  the  Slaveholding  States  of  America,  on  an  Ordiuance  concerning 
the  cession  of  Forts,  &c. ;  which  was  ordered  for  consideration  to-mor- 
roW,  and  to  be  printed. 

Mr.  L.  M.  Ayer  stated  that  Messrs.  B.  W.  Lawton  and  W.  P. 
Finley  were  detained  at  home  by  sickness  in  their  respective  families; 
and,  on  ftotion  of  Mr.  Ayer,  these  gentlemen  Were  excused  for  the 
reason  assigned. 

Mr.  McCrady  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  in  the  opinion  of  this  Convention,  no  case  should  be 
heard  at  the  present  sitting  of  the  Court  of  Appeals,  except  with  the 
consent  of  all  the  parties  to  the  same. 

On  motion  of  Mr.  McCrady,  it  was  ordered  that  a  copy  of  this  reso- 
lution be  sent  to  the  Chief  Justice. 

Mr.  Simons,  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances,  which  was  considered  immediately,  and  was  agreed  to. 

On  motion  of  Mr.  Orr,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  an  Ordinance  to  ratify 
the  Constitution  of  the  Confederate  States  of  America. 


'  TUESDAY,  APRIL  2,  1861.  229 

.    Mr.  Rhett  offered  the  following  amendment : 

But  this  Convention  deems  it  due  to  the  Confederate  States,  ex- 
pressly to  declare,  that  in  ratifying  and  adopting  the  above  Constitu- 
tion, they  suppose  that  it  establishes  a  Confederacy  of  Slaveholding 
States;  and  this  State  does  not  consider  herself  as  bound  to  enter  or 
continue  in  confederation' .with  any  State  not  tolerating  the  institution 
of  slavery  within  its  limits  by  its  fumlamental  law. 

Oil  motion  of  Mr.  Adams,  leave  of  absence  was  granted  to  Mr.  Hop- 
kins, on  account  of  indisposition. 

On  motion  of  Mr.  Inglis,  business  was  suspended  at  forty-five 
minutes  past  three  o'clock,  P.  M.,  until  seven  o'clock,  P.  M. 

RECESS. 

* 

The  President  resumed  the  chair. 

Mr.  Reed  moved  that  the  amendment  be  ordered'  to  lie  on  the  table. 
Mr.  Inglis  rose  to  a  question  of  order. 

The  President  decided  the  motion  to  lay  the  amendment  on  the  table 
in  order. 

Mr.  Cheves  appealed  from  the  decision  of  the  chair;  and  the  ques- 
tion being  put,  will  the  Convention  sustain  the  decision  of  the  chair? 
it  passed  in  the  negative  : 

Yeas,  41 ;  nays,  89. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Brown,  C.  P.  Messrs.  Glover, 

^riToet,  Gourdin,  R.  N. 

Cai"j  Gregg,  Maxcy, 

Campbell,      ^  .  Hanckel, 

^'arroll,  Henderson, 

Caughman,  Jenkins,  John 

I^avant,  Kershaw, 

Dc.Saus.sure,  Kinsler, 

DuPre,  Mazyck, 

Evans,  '  Middicton,  J.  Izard 

Flud,  Middleton,  W. 

Gist,  Miles, 


230 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Now  el  I, 
O'llear, 
Palmer, 
Perrin, 
Khett, 
Rhodes, 
Rutledge, 
Smith,  J.  J.  P. 


Messrs.  Snowden, 
Spratt, 
Stokes, 
Wagner, 
Wardlaw,  F.  H. 
Williams, 
Wilson,  J.  H. 
Withers. 


Those  who  voted  in  the  negative,  are 


Messrs.  Adams,  • 

Messrs.  Garlington, 

Allison, 

Geiger, 

Atkinson, 

Goodwin, 

Barnwell, 

G^een, 

Barron, 

Gregg,  William 

Barton, 

Grisham, 

Bellinger, 

Hammond, 

Bethea, 

Harrison, 

Bobo, 

Hunter, 

Caldwell, 

Hutson, 

Calhoun, 

Inglis, 

Carlisle, 

Jackson, 

Carn, 

Jefferies, 

Cauthen, 

Jenkins,  J,  E. 

Charles, 

Johnson, 

Chesnut,. 

Kilgore, 

Chcves, 

Kinard, 

Conner, 

La  n  drum, 

Crawford, 

Lewis, 

Darby, 

Logan, 

Davis, 

Lyles, 

*       DeTreville, 

McCrady, 

Duncan, 

M  elver. 

Dunovant,  R.  G.  M. 

McKce, 

Ellis, 

Mctcod, 

English, 

Ma'grath, 

Forster, 

Manigault, 

Foster, 

Mauldin, 

Frampton, 

Maxwell, 

WEDNESDAY,  APRIL  3,  1861. 


231 


Messrs.  Mayes, 
Moore, 
Moorman, 
Parker, 
Pope, 

Quattlebaum, 
Rainey, 
Reed, 

RichardsoD,  J.  P. 
Rowell, 

Seabrook,  E.  M. 
Shingler,  J.  31. 
Simons, 
Simpson, 
Smith,  Thomas 
Smyly, 


Messrs.  Spain, 
Springs, 

Thompson,  R.  A, 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Wannaraaker, 
Wardlaw,  D.  L. 
Watts, 
Whitner, 
Wier,  • 
.Wilson,  I.  D. 
Wilson,  W.  B. 
Woods, 
Young. 


So  the  decision  of  the  President  was  not  sustained. 
On  motion  of  Mr.  Mazyck,  it  was  ordered  that  when  the  Convention 
adjourns,  it  shall  be  adjourned  to  meet  to-morrow,  at  eleven   o'clock, 
A.  M. 

On  motion  of  Mr.  Spain,  the  Convention  was  adjourned  at  thirty 
minutes  past  8  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the   Contention. 


WEDNESDAY,  APRIL  3,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
]i.  F.  Mauldin.  * 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison,  • 
Appleby, 
Atkinson, 


Messrs.  Ayer, 

Barnwell, 

Barron, 

Barton, 


232 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Beaty, 

Messrs.  Goodwin, 

Kellinger, 

Gourdin,  R.  N. 

Bethca, 

Gourdin,  T.  L. 

Bobo, 

Green, 

Bouncau, 

Gregg,  Maxcy 

Brabham, 

Gregg,  William 

Brown,  A.  H. 

Grisham, 

^           Brown,  C.  P. 

Hammond, 

Calhoun, 

Harllce, 

Campbell, 

Harrison, 

Caplisle,       • 

'  Hayne, 

Carn, 

Henderson, 

Carroll, 

Honour, 

Caughman, 

Hunter, 

Cauthen,           • 

Hutson, 

Charles, 

Inglis, 

Cheves, 

Ingrain, 

Clarke, 

Jackson, 

Conner, 

Jcfferies, 

Crawford, 

Jenkins,  John 

Darby, 

Jenkins,  J.  E. 

Davant, 

Johnson, 

Davis, 

Kcitt, 

PeSaussure, 

Kershaw, 

Dunkiu, 

Kilgore, 

Dunovaut,  II.  G.  M. 

Kinard, 

DuPre, 

Itinsler, 

Easlcy, 

Landrum, 

Ellis, 

Logan, 

English, 

Lyles, 

Evans, 

McCrady, 

Flud, 

Mclver, 

Forster,              • 

McKee, 

Foster, 

McLeod, 

Frampton, 

Magrath, 

Furman, 

Manigault, 

Garliqgton, 

Manning, 

Geiger, 

Mauldin, 

Gist, 

]\Jaxwell, 

Glover, 

Mayes, 

WEDNESDAY,  APKIL  3,  1861. 


233 


Messrs.  IMazyck,       » 
Means, 

Middlcton,  John  Izard 
Middleton,  Williams 
Miles, 
Moore, 
Moorman, 
Nowell, 
O'Hear,- 
Orr, 
Palmer, 
Parker, 
Perrin, 
Pope, 
Pressley, 
Quattlebaum, 
Raiaey, 
Reed, 
Rhett, 
Rhodes, 
Robinson, 
Rowell, 
Rutledge, 
Scott, 
Sessions, 
Shinn;lcr,  J.  M. 
Simons, 


Messrs.  Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smyly, 
Snowden, 
Spain, 

Spratt,  •  "^ 

Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thoijias 
Timmons, 
Tompkins, 
Townsend, 
Wannaraakcr, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 
Williams, 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
•   Younji. 


The  journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Converition  the  following  communica- 
tion ;  which,  on  motion  of  Mr.  Pope,  was  ordered  to  be  entered  on  the 
journal : 

Fort  Hill,  March  3D,  1861. 
Hon.  D.  F.  Jamison  :  • 

Sir  :  I  transmit  through  you,  as  the  presiding  oflBcer  of  the  Conven- 
tion of  the  People  of  South  Carolina,  my  report  as  the  Commissioner 
of  your  honorable  body  to  the  Convention  of  the  People  of  Alabama. 

On  my  arrival  at  Montgomery  I  was  received  with   great  cordiality 
and  kindness,  as  the  representative  of  South  Carolina,  by  both  the 
30 


234       JOURNAL  OF  THE  CONVENTION, 

friends  and  opponents  of  secession  ;  while  the  foi'toer  were  unbounded 
in  their  aduiiratiou  of  the  gallant  action  of  our  State,  the  latter, 
although  deprecating  her  action,  were  ever  ccurteous  and  kind  in  their 
allusions  to  her.  There  was,  unfortunately,  much  diversity  of  sentiment 
when  the  Alabama  Convention  first  assembled.  The  State  of  Alabama 
is  divided  into  what  is  called  South  and  North  Alabama.  There  is  but 
little  trade  or  intercourse  between  the  sections.  Before  the  completion 
of  railroads  leading  to  the  Atlantic  from  North  Alabama,  the  course  of 
trade  followed  the  current  of  its  navigable  streams  to  New  Orleans. 
On  the  other  hand,  South  Alabama  concentrated,  to  a  large  extent,  her 
trade  at  Mobile.  To  the  north  of  the  Jiead  waters  of  navigation,  in 
South  Alabama,  there  interveYies  a  broken  and  rugged  country,  to  the 
valley  of  the  Tennessee.  Geographically,  no  State  is  more  divided,  and 
unfortunately,  the  division  entered  into  the  political  complexion  of  the 
State.  North  Alabama  was  almost  a  unit  against  secession,  and  South 
Alabama  nearly  entirely  so  in  its  favor.  This  state  of  aifairs  embar- 
rassed the  action  of  her  Convention  when  it'  first  assembled.  For,  as 
citizens  of  the  same  State,  it  was  important,  although  there  was  a  deci- 
ded majority  for  secession,  to  assuage  the  sectional  bitterness  that  pre- 
cipitate action  might  induce.  Hence,  several  days  elapsed  before  the 
passage  of  the  Ordinance  of  Secession.  Many  opposed  up  to  that  point, 
withdrew  opposition,  and  a  general  disposition  to  sustain  the  State  was 
manifested. 

*]\I^redentials  were  presented  on  the  first  day  of  the  session  of  the 
Convention,  and  on  the  second,  by  invitation,  I  addressed  the  (Conven- 
tion, and  brought  before -it  the  points  that  I  had  been  instructed  to  pre- 
sent. I  have  the  honor  to  enclose  an  official  copy  of  the  action  of  the 
Convention,  giving  an  affirmative  response  to  every  request  I  had  made 
as  your  CommissioBer. 

Very  respectfully. 

Your  obedient  servant, 

AND'W  r.  CALHOUN. 

The  report  and  resoluiions  accompanying  the  communication  were 
ordered  to  lie  on  the  table. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,  made  reports, 

On  an  Ordinance  to  amend  the  ninth  Article  of  the  Constitution  of 
the  State  of  South  Carolina ; 


WEDNESDAY,  APRIL  3,  1861.  235 

On  an  Ordinance  further  to  amend  the  fourth  section  of  the  first 
Article  of  the  Constitution  of  this  State*; 

On  an  Ordinance  declaratory  of  the  true  construction  of  an  Ordi- 
nance concerning  citizenship;  which  were  severally  ordered  for  consid- 
eration to-morrow,  and  to  be  printed. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,  to  whom  had  been  referred  an  Ordinance  to  repeal  sundry  Ordi- 
nances done  by  the  People  of  the  State  of  South  Carolina  in  Conven- 
tion ;  also,  an  Ordinance  to  amend  an  Ordinance,  entitled  an  Ordinance 
to  alter  the  Constitution  of  the  State  of  South  Carolina,  by  striking 
out  certain  words  in  sundry  places ;  also,  a  resolution  to  inquire  and, 
ascertain  what  changes  should  be  made  in  the  Constitution  to  adapt  it 
to  our  present  condition,  made  a  report,  and  repor^d  an  Ordinance 
concerning  the  repeal  of  sundry  Ordinances,  and  various  changes  in 
the  Constitution';  which  was  ordered  for  consideration  to-morrow,  and 
to  be  printed. 

Mr.  D.  L.  Wardlaw,  from  the  Committee  on  the  Constitution  of  the 
State,  to  whom  had  been  referred  a  resolution  -concerning  alterations  of 
the  Constitution,  made  a  report,  and  reported  an  Ordinance  to  alter  the 
tenth  section  o^  the  first  Article  of  the  Constitution  of  the  Stat«  of 
South  Carolina,  and  the  amendment  thereof,  ratified  the  28th  January, 
1861;  also,  to  alter  the  tentli  section  of  the  amendments,  mtified  the 
17tli  day  of  December,  1808,  and  likewise  the  second  clause  of  the 
eleventh  Article  of  the  Constitution  aforesaid ;  which  was  ordered  for 
consideration  to-morrow,  and  to  be  printed. 

Mr.- Miles  presented  the  report  of  the  Committee  on  Foreign  Rela- 
tions, on  the  Report  of  the  Secretary  of  State,  and  the  accompanying 
documents ;  which  was  ordered  for  consideration  to-morrow. 

Mr.  Hanckel  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

RewlvcJ,  That  the  thanks  of  this  Convention  are  hereby  respectfully 
tendered  to  General  Beauregard,  and  to  the  officers  acting  under  him, 
for  the  very  delightful  and  highly  interesting  visit  to  the  Fortifiqationa 
in  Charleston  harbor,  on  Saturday  last,  afforded  to  this  Convention  by 
their  courtesy. 

On  motion  of  Mr.  Rlnett,  the  Convention. went  into 

SECRET  SESSION. 

*    The  journal  of  yesterday's  secret  proceedings  was  read. 


236 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Mazyck  offered  the  following  resolution,  which  was  considered 
in^iuediatcly,  and  was  agreed  to  : 

RcsoUcJ,  That  the  Coniniittee  on  Engrossing  be  instructed  to  inquire 
and  report  what  resolutions  and  orders  of  the  Convention  passed  in 
secret  session,  and  how  much  and  what  portLons  of  the  secret  journal, 
may  now  be  made  public  without  impropriety. 

l\Ir.  Inglis  offered  the  following  resolution^  which  was  considered  im- 
mediately, Jfud  was  agreed  to  : 

« 

/  ResglveJ,  That  when  the  Convention  shall  have  disposed  of  all 
propositions  which  shall  be  introduced,  for  demanding  a  Convention  to 
consider  anicndmfnts  to  the  Constitution,  or  otherwise  suggesting  such 
amendments,  or  defining  the  conditions  upon  which  the  Constitution 
would  be  ratified,  or  the  sense  in  which  it  is  ratified,  any  member  who 
desir<?s  so  to  do,  may  change  his  vote  on  the  ratification  of  the  Consti- 
tution. 

The  Convention  resumed  the  consideration  of  an  Ordinance  to  ratify 
the  Constitution  of  the  Confederate  States  of  America:  and  the  ques- 
tion being  put,  will  the  Convention  agree  thereto?  it  passed  in  the 
aflSrmativci: 

Yeas,  138 ;  hays,  21. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 

lion.  D.  F.  Jamison,  President ;  and 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 
Brabham, 
Brpwn,  A. 
*    Burnet, 


H. 


Messrs.  Cain, 

Calhoun, 

Campbell, 

Carlisle, 

Cam, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

Cl\pves, 

Clarke, 

Conner, 

Crawford, 


WEDNESDAY,  APRIL  3,  1861. 


237 


Messrs.  Darby, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Duokin, 

Dunovant,  R.  G.  M. 
DuPre, 
Easley, 
Ellis,  ♦ 

English, 
Evans, 
Fair, 
Foster, 
Frampton, 
Furman, 
Gadberry, 

Garlington, 

Gcigcr, 

Gist, 

Glover, 

Goodwin,  • 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Hammond, 

Ilanckcl, 

llarllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Inglis, 

Ingram, 

Jackson, 

JeflFeries, 

Jenkins,  J.  E. 


Messrs.  Johnson, 
Kcitt, 
Kershaw, 
Kilgore, 
Kinard, 
Land  rum, 
Lewis, 
Logan, 
Lyles, 
McCrady, 

McKce, 

McLeod, 

Magrath, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Means, 

Miles, 

Moore, 

Moorman, 

Noble, 

O'llcar, 

Orr, 

Palmer, 

Parker, 

Perrin, 

Pope, 

Porcher, 

Prcssley, 

Quattlcbaum, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 
•  Richardson,  F.   D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 
Scott, 


^ 


238 


JOURNAL  OF  THE  CONVKNTION, 


Messre.  Seabrook,  E.  M. 

Sessions, 
Sliinglcr,  J.  M. 
Simons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
•    Smith,  Thomas 
Smjly, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 


Messre.  Townsend, 
Wagner, 
Wannamaker, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wier, 

Wilson,  I.  D. 
Wilson*  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods,  ' 
Young. 


Those  who  voted  in  the  negative,  are 


Messrs.  Adams, 

Brown,  C.  P. 
Caldwell, 
■    Davant, 
Flud, 
Forster, 
Gregg,  Maxcy 
Hutson, 
Jenkins,  John 
Kinsler, 
Mclver, 


Messrs.  Manigault, 
Mazyck, 

Middleton,  John  Izard 
Middletou,  Williams 
Nowell, 
Rutledge, 
Snowden, 
Spain, 
Spratt, 
Williams. 


So  the  Ordinance  was  agreed  to. 

On  motion  of  Mr.  Pope,  it  was  ordered  that  when  the  Convention 
adjourns,  it  shall  be  adjourned  to   meet  to-morrow,  at  eleven   o'clock, 

A.  M. 

On   motion  of  Mr.    Pope,   the  Convention   was    adjourned  at  five 
minutes  past  three  o'clock,  P.  M.    , 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


THURSDAY,  APRIL. 4,  1861. 


239 


THURSDAY;  APRIL  4,  1861. 

At  the  hour  to  wliich  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev.  Daniel  DuPrfe. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Brabham, 
]irown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle,  • 

Cam, 
Carroll, 
Caughman, 
Chesnut, 
Cheves, 
Clarke, 
Conner, 
(Crawford, 
Darby, 
Davant, 
Davis, 
DeSauusure, 


Messrs.  Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
DuPre, 
Easley, 
Ellis, 
English, 
Evans, 
Fair, 
Flud, 
Forster, 
Foster, 
Frampton, 
Furman, 
Gadberry, 
Garlington, 
Geigcr, 
Gist, 

Glover,  '      * 

Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  Maxcy 
Gregg,  William 
Grishara, 
Hammond, 
Hanckel, 
Harrison, 
Hayne, 
Henderson, 


m 


240 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Honour, 
Hunter, 
Hutson, 


Inglis, 

Ingram, 

Jackson, 

JefTcrics, 

Jenkins,  J.  E. 

Johnson,. 

Keitt, 

Kcrehaw, 

Kilgorc, 

Kinard, 

Kinsler, 

Landfum, 

Lewis, 

Logan, 

Ljics, 

i^lcCrady, 

Mclver, 

McKee, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazjck, 

Means, 

Middleton,  Jolin  Izard 

Middlcton,  Williams. 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'Hear, 

Orr, 

Palmer, 

Parker, 

Perrin, 


Messrs.  Prcsslcy, 

Quattlebaum, 

Kainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rowcll, 

Scott,  • 

Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 

Sims, 

Smith, 

Smyly, 

Snowden, 

Spain, 

Spratt, 
Springs, 

Stokes, 

Thompson,  R.  A. 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Townsend, 

Wannamaker, 

Wardlaw,  D.  L. 

Watts, 

.Whitner, 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Youner. 


w^ 


THURSDAY,  APRIL  4,  1861.  241 

The  journal  of  yesterday'^s  prbceedings  was  read. 
Mr.  Adams  offered  the  following  resolution,  which  was  ordered  to  lie 
on  the  table  :  • 

Resolved,  That  tliis  Convention  do  adjourn  sine  die,  to-morrow, 
April  5th,  at  four  o'clock,  P.  I\L 

GENERAL  ORDERS. 

On  motion  of  Mr.  Miles,  the  report  of  the  Committee  on  Foreign 
Relations,  in  relation  to  the  Report  of  the  Secretary  of  State,  was  con- 
sidered, and  was  agreed  to. 

The  General  Orders  were  suspended,  and 

Mr.  Mazyck  offered  the  following  resolution,  which  was  referred  to 
the  Committee  on  the  Military  : 

RcsoLved,  That  the  Governor  be  and  he  is  hereby  authorized  to  com- 
mission the  officers  of  any  Volunteer  company  which  may  be  formed  in 
anv  of  the  Districts  adjacent  to  the  seacoast,  for  local  service,  provided 
that  no  such  commission  shall  be  issued  without  the  written  consent 
and  approbation  of  the  commanding  officers  of  the  Regiment,  Battalion 
and  Company,  respectively,  within  the  limits  of  which  such  Volunteer 
company  shall  have  been  formed;  and  provided,  also,  that  such  com- 
missions shall  not  continue  longer  than  . days  after  the  close  of 

the  next  regular  session  of  the  Legislature. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  granted  to  Mr.  Green, 
on  account  of  indisposition. 

GENERAL  ORDERS.    " 

An  Ordinance  to  amend  an  Ordinance  concerning  citizenship  was 
agreed  to,  and  was  ordered  to  be  signed  by  the  President  and  tlie 
Clerk. 

An  Ordinance  to  repeal  sur  dry.  Ordinances,  and  to  alter  the  fourth 
Article  and  sundry  sections  of  the  Constitution,  was  taken  up. 

Mr.  Ilutson  offered  the  following  amendment,  which  was  not  agreed 
to  : 

Provided,  that  no  one  not  born  a  citizen  of  this  State  shall   vote  in 
any  election,  unless  he  shall  at  some  time  previously   have  taken  the 
oath  of  allegiance  to  thw  State;   excepting,  however,  such   persons  as 
are  now  citizens  of  this  State. 
31  ■ 


•  « 


242       JOURNAL  OF  THE  CONVENTION, 

The  Ordinance  was  ajrreed  to,  and  was  ordered  to  bo  signed  by  the 
President  and  the  Clerk. 

An  Ordinance  to  alter  the  tenth  sectiun  oT  the  first  Article  of  the 
Constitution  of  the  Stattf  of  South  Carolina,  and  the  amendment  thereof, 
^  S  ratified  the  28th  uf  January,  1801  ;  lilso,  to  alter  the  tenth  section  of 
the  amendment"  ratified  on  the  ITfh  day  of  December,  1808,  and  like- 
wise the  second  clause  of  the  eleventh  Article  of  the  Constitution 
aforesaid  ;  was  considered,  and  was  aprroed  to,  and  was  ordered  to  be 
signed  by  the  President  and  the  Clerk. 

The  report  of  the  Conmiittee  on  the  Constitution  of  the  State  on  an 
Ordinance  to  amend  the  ninth  Article  of  the  Constitution  of  the  State 
of  South  Carolina ;  and 

The  report  of  the  same  Committee  on  an  Ordinance  furthef  to  amend  ' 
the  fourth  section  of  the  first  Article  of  the  Constitution  of  this  State, 
were  considered,  and  were  agreed  to. 

The  General  Orders  were  suspended,  and  Mr.  D.  L.  Wardlaw  offered 
the  following  rcirolution,  which  was  considered  immediately,  and  was 
agreed  to :  '  '       r 

Resolvtd,  J'hat  tlio  Constitution  of  the  State  shall  bo  engrossed, 
omitting  all  temporary  provisions,  and  incorpoi'^tjmg  all  amendments, 
80  as  to  present  a  symnietrical  whole,  and  that  after  having  been  read 
and  approved  by  the  Convention,  it  shall  be  ratified. 

On  motion  of  Mr.  D.  L.  Wardlaw,  it  was  ordered,  that  the  Consti- 
tution of  the  State  be  engrossed  under  the  supervision  of  the  Commit- 
tee on  the  Constitution  of  the  State. 

On  motion  of  31  r.  Ilarllee,  the  Cuiivention  went  into 

SECRET  SESSION. 

The  journal  of  yesterday's  secret  session  was  read. 

Mr.  ilarllee  presented  the  report  of  the  Committee  on  the  Military 
on  the  various  matters  referred  to  'them,  together  with  certain  resolu- 
tions, which  was  ordered  for  consideration  to-morrow,  and  to  be  printed. 

On  motion  of  Mr.  D.  L.  Wardlaw,  tho  injunction  of  secrecy  was 
removed  from  the  report  and  resolutions. 

Mr.  Simons  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances  on  a  resolution  of  inquiry  as  to  the  publicatign  of  the 
Resolutions  and  Orders,  and  Secret  Journal  o£  the  Convention ;  which 
was  ordered  for  coiisideratioii  to-movrow. 


THURSDAY,  APRIL  4,  1861.  243 

Mr.  R.  N,  Q-ourdin  offered  the  following  resohition  : 

Resolved,  That  the  appointnient  of  the  Hon.  Edward  Frost,  by  his 
Excellency  the  Governor,  an  Executive  Counsellor  vtVe  the  Hon.  C.  G. 
Memminger,  appointed  Secretary  of  the  Treasury  of  the  Confederate 
States  of  America,  is  approved  by  this  Convention,  and  is  hereby  con- 
firmed. 

Mr.  Adams  offered  the  following  amendment,  which  was  agreed  to : 

Resolved,  That  the  Convention  approve  of  the  nomination  of  Hon. 
Edward  Frost,  as  a  member  of  the  Executive  Council. 

On  motion  of  Mr.  D.  L.  Wardlaw,  an  Ordinance  to  repeal  sundry 
Ordinances,  and  to  alter  the  fourth  Article,  and  sundry  sections  of  the 
Constitution  was  reconsidered;  and  on  motion  of  Mr.  D.  L.  Wardlaw, 
the  following  words  of  the  first  section  were  stricken  out :  *'  Also,  an 
Ordinance  ratified  on  the  27th  day  of  December,  1860,  entitled,  an 
Ordinance  to  amend  the  Constitution  of  the  State  of  South  Carolina, 
in  respect  to  the  Executive  Department." 

On  motion  of  Mr.  D.  L.  Wardlaw,  this  portion  of  the  Ordinanfte  was 
recommitted  to  the  Committee  on  the  Constitution  of  the  State,  and 
the  remaining  clauses  of  the  Ordinance  were  agreed  to;  and  the  injunc- 
tion of  secrecy  removed. 

Mr.  Bonneau  asked  to  record  the  vote  he  would  have  given,  if  present, 
on  an  Ordinance  to  ratify  the  Constitution  of  the  Confederate  States  of 
America;  and  Mr.  Bonneau  being  called,  answered  ''  no." 

Mr.  Inglis  offered  the  following  resolutions,  which  were  considered 
immediately : 

Resolved,  That  so  soon  as  the  Government  of  the  Confederate  States 
of  America,  created  by  the  Constitution  which  has  been  now  ratified, 
shall  be  securely  established  and  in  peaceful  operation,  the  State  of 
South  Carolina  ought  to  demand  that,  two  other  States  concurring,  the 
Congress  shall  summon  a  Convention  of  all  the  States^  to  take  into 
consideration  the  following  amendments  to  the  said  Constitution,  to 
wit : 

1.  To  amend  the  second  section  of  the  first  Article,  by  striking  out 
from  the  third  paragraph  thereof,  the  following  words,  to  wit: 
"  which  shall  be  determined  by  adding  to  the  whole  Dumber  of  free 
persons,  including  tho.se  bound  to  service  fur  a   term   of  years;"  and 


244  JOURNAL  OF  THE  CONVExNTION, 

the  words,  "three-fifths  of  all  slaves,"  and  insertinp  after  the  words 
"respective  nuufbers,"  the  words,  "including  slaves." 

2.  To  amend  the  ninth  section  <^{  the  first  Article  by  striking  out 
therefrom  the  first  paragraph  of  said  section,  and  the  word  "  also",  from 
the  second  paragraph  of  the  same  section,  and  inserting  in  the  latter 
paragraph  after  the  word  "  State,"  the  words,  "  of  the  present  United 
States  of  America. 

"3.  To  amend  the  third  section  of  the  fourth  Article,  by  ad,ding  to 
the  first  paragraph  thereof,  the  words,  "  nor  shall  any  State  in  which 
African  .slavery  does  not  by  law  exist,  be  adn)itted,  without  the  consent 
of  all  the  States  expressed  through  their  respective  Legislatures." 

Mr.  Mazyck  ofl'ered  the  following  amendment: 

Strike  out  all  after  the  word  "  Resolved,"  and  insert, 
"  That  the  State  of  South  Carolina,  in  pursuance  of  the  fifth  Article 
of  the  Constitution  of  the  Confederate  States  of  America,  does  hereby 
demand  that  the  Congress  of  the  Confederate  States  to  be  assembled 
under*  the  provisions  of  the  said  Constitution,  shall  summon  a  Conven- 
tion of  all  the  States  of  the  Confederacy  to  take  into  consideration  the 
following  amendments  to  the  said  Constitution,  to  wit :" 

Mr.  A.  H.  Brown  moved  that  the  amendment  be  ordered  to  lie  on 
the  table;  and  the  question  being  put,  will  the  Convention  agree 
thereto  ?  it  passed  in  the  affirmative  : 

Yeas,  101 ;    nays,  44. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative,  ^re 

Messrs.  Allison,  Messrs.  Carlisle, 

Appleby,  Carroll, 

Barnwell,  Caughman, 

Barr(jn,  Cauthen, 

Barton,  •     Charles, 

Beaty,  Chcsnut, 

Bethea,  Cheves, 

Bobo,  Conner, 

Brabham,  Crawford, 

Brown,  A.   U.  Darby, 

Calhoun,  DeSaussure, 


THURSDAY,  APRIL  4,  1861. 


245 


Messrs.  DeTreville, 
Duncan, 
Duukin, 
DuPre, 
'Easley, 
Ellis,  * 
■  Englifili, 
Evans, 
Foster, 
Frauipton, 
Furman, 
parlington. 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Grishiim, 
llaminioud, 
Hanckol, 
Harllec, 
Harrison, 
Hayne, 
Hunter, 
Inglis, 
Ingram, 
Jackson, 
Jenkins,  J.  E. 
Johnson, 
Keitt, 
Kershaw, 
Kinard, 
Laird  rum, 
Lewis, 
Lyles, 
McCrady, 
McKce, 
McLeod, 
Magrath, 
^Manning, 
Mauldin, 


Messrs.  Maxwell, 
Mayes, 
Means, 
'  Moore, 

Noble, 
Orr, 
Parker, 
Perrin, 
Pope, 
Porcher, 
Quattlebaura, 
Raincy, 
Reed, 

Richardson,  J.  P. 
Robinson, 
Rowell, 

Seabrook,  E.  M. 
Sessions^ 
Shinglcr,  J.  M. 
Simons, 
Simpson, 
Sims, 

Smith,  Thomas 
Smyly, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Townsend, 
"W'annamaker, 
Wardlaw,  D.  L. 
Watts, 


♦Whitner, 
'r^'icr. 


Wilson,  I.  D. 
AVilson,  W.  B, 
Wrthcrs, 
W(t.ds, 
Young. 


246 


JOURNAL  OF  THE  CONVENTTTON, 


Those  wlio  voted  in  the  negative,  are 


Messrs.  Adams, 

Atkinson, 
Ayer, 
Bellinger, 
Brown,  C.  P. 
Cain, 
Caldwell, 
Campbell, 
Cam, 
Clarke, 
Davant, 
Davis, 
.  Fair,  • 
Flud, 
Forster, 
Gist, 
Ilutson, 
Jefferies, 
Jenkins,  John 
Kilgore, 
Kinsler, 
M  elver, 


Messrs.  Manig;mlt, 
Mazyck, 

Middleton,  John  Izard 
Miduleton,  AVilliams 
Miles, 
Moorman, 
Nowell, 
O'Hear, 
Palmer, 
Rhodes, 

Richardson,  F.  D. * 
Rutledge, 
Scott, 

Smith,  J.  J.  P. 
Snowden, 
Spain, 
•Spratt, 
Timmons, 
Wagner, 
Wardlaw,  F.  TT. 
Williams, 
Wilson,  J.  II. 


So  the  motion  was  agreed  to. 

Mr.  Orr  moved  that  the  resolutions  offered  by  Mr.  Iiiglis  be  ordered 
to  lie  on  the  table  ;  and  the  question  being  put,  will  the  Convention 
agree  thereto  ?  it  passed  in  the  negative  : 

Yeas,  27  ;    nays,  118. 

The  yeas  and  •na3's  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 
Barron, 
Charles, 
Chesnut, 
Duncan, 
Evans, 
Foster, 
Goodwin, 


Messrs.  Ilarllec, 
Harrison, 
Hiiyne, 
Johnson, 
Manning, 
Mauldin, 
Mayes", 
Means, 


THURSDAY,  APRIL  4,  1861. 


247 


Messrs.  Orr, 

Perrin, 

Pope, 

Rainey, 

Reed, 

Smyly, 


Messrs.  Thompson,  R.  A. 
Thomson,  Thomas 
Wardlaw,  D.  L. 
Whitner, 
Wilson,  I.  D. 


Those  who  voted  iu  the  negative,  are 


Messrs.  Adams, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Rarton, 
Beaty, 
Bellinger, 
Bethea, 
Boho," 
Brabham, 
■  ]'rown,  A.  H. 
Brown,  C.  P. 
Cain,  ■« 
Caldwell, 
Calhoun. 
Campbell, 
Carlisle, 
Carn, 
Carroll, 
Caujrhmau, 
Cauthen, 
Cheves, 
Clarke, 
Conner, 
Crawford, 
Darby, 
l)avant, 
Davis, 
•       DeSa  assure, 
Del'rcvillc, 


Messrs.  Dunkiu, 
DuPre, 
>:asley, 
Ellis, 
English, 
Fair, 
Flud, 
Forster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Gm, 
Glover, 

Gourdin,  R.  N. 
Gourdin,  T.  L. 
Grisham, 
ITanjmond, 
Hanckfl, 
Hunter, 
Hutsou, 
Inglis,       ^ 
Ingram, 
Jackson, 
Jeffcries, 
Jenkins,  John 
Jenkins,  J.  E. 
Keitt, 
Kershaw, 
Kifgorc, 
Kinard, 


248 


JOURNAL  OF  THE  CONVKNTION, 


Messrs.  Kinslcr, 
Landrum, 
Lewis, 
Lyles, 
McCrady, 
M  elver, 
McKcc, 
McLcod, 
3Ianiji;iult, 
Maxwell, 
Mazyck, 

Middlotoii,  John  Izurd 
Middlcton,   Williams 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowc-11, 
O'Hear, 
Palmer, 
Parker, 
.  Porcher, 
Quattlebaum, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  V. 
Rubin  son, 
Rowell, 


Messrs.  Rutlcdge, 
Scott, 

Soabrook,  E.  M. 
Sessions, 
Shingler,  J.   M. 
Simons, 
Sinipi-on, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Snowdeu, 
Spain, 
Spratt, 
Springs, 
Stokes, 
Timmons, 
Towu.send, 
Wagner, 
Wannamaker, 
Wardlaw,  F.  H. 
Watts, 
Wier, 

Williams,   » 
Wilson,  J.  H. 
Wilson,  W.  B. 
Withers, 
Woods, 
-"  Youns'. 


So  the  motion  was  not  agreed  to. 

The  preamble  and  the  tirst  section  were  agreed  to. 

Mr.  Withers  proposed  the  following"  amendment : 

Insert  in  lieu  of  the  latter  uicuibcr  of  the  proposition  as  to  the  ninth 
section,  the  following,  to  wit :  To  substitute  in  lieu  of  the  second  para- 
graph of  the  said  section,  the  following: 

"  Congress  shall  have  power  to  prohibit  the  importation  or  introduc- 
tion of  slaves  from  any  region,  not  a  State  or  Territory  of  this  Con- 
federacy." 


THURSDAY,  APRIL  4,  1861.  249 

Mr.  D.  L.  Wardlaw  offered  the  following : 

•That  the  first  and  second  clauses  of  the  ninth  section  of  the  first 
Article,  be  altered  to  read  as  follows  :  "  Congress  shall  have  power  to 
prohibit  the  importation  or  introduction  of  slaves  from  any  region  not 
a  State  or  Territory  of  this  Confederacy." 

The  amendment  was  agreed  to. 

Mr.  John  Izard  Middleton  offered  the  following  amendment,  which 
was  not  agreed  to  : 

To  amend  the  first  Article  by  striking  out  the  first  and  second  clauses 
of  the  ninth  section. 

The  third  clause  of  the  resolutions  was  agreed  to. 
Mr.  Hutson  offered  the  following  amendments,  which,  on  motion  of 
Mr.  Withers,  were  ordered  to  lie  on  the  table  : 

To  strike  out,  wherever  they  occur,  the  words,  *'  citizens  of  the  Con- 
federate States,"  or  "citizen  of  the  Confederate  States,"  and  insert  in 
lieu  thereof,  "citizens  of  one  of  the  Confederate  States/'- and  "citi- 
zen of  one  of  the  Confederate  States. 

To  insert  in  the  fourth  clause  of  the  eighth  section  of  the  first 
Article  after  the  word  "naturalization"  these  words:  "  provided  that 
such  laws  shall  require  the  foreigner  to  swear  allegiance  to  that  Confed- 
erate State  in  which  he  is  naturalized." 

Mr.  R.  N.  Gourdin  offered  the  following  amendment: 

To  amend  the  eighth  section  of  the  first  Article,  by  inserting  after 
the  word  "  but,"  on  the  seventh  line,  the  following  :  "  The  percentage 
on  imports  shall  be  uniform,  and  shall  not  exceed  fifteen  per  ■  cent,  ad 
valorem  at  the  place  of  export  in  times  of  peace,  and" 

And  pending  the  consideration  thereof,  on  motion  of  Mr.  Reed,  the 
Convention  was  adjourned  at  twenty-five  minutes  past  four  o'clock, 
P.  M. 

13.  F.  ARTHUR, 

Clerk  of  the  Convention. 


32 


250 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  APRIL  5,  1861. 

At  the  hour  to  wliich  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  C.  Appleby.  t 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Adams, 
Allison, 
Appleby, 
Atkinsoe, 
Barnwell, 
Barron, 
Barton, 
Beaty, 
Betliea, 
Brabham, 
Brown,  A.  H. 
35rown,  C.  P. 
Buchanan^ 
Cain, 
.  Caldwell, 
Calhoun, 
Campbell^ 
Carlisle, 
Cam, 
Carroll, 
Caughman, 
Cauthen, 
Cheves^ 
Clarke, 
Darby, 
Davant, 
Davis, 
DeSaussurC;, 
Dunkin, 
DuPre, 
Easley, 


Messrs.  Ellis, 
Evans, 


Fail-, 

Flud, 

Forster, 

Foster, 

Frampton, 

Furman, 

Garlington, 

Geiger, 

Glover, 

Goodwin, 

Gourdiu,  R.  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Inglis, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Kershaw, 

Kilgore, 


FRIDAY,  APRIL  5,  1861. 


251 


Messrs.  Kinard, 
Landrum, 
Lewis, 
Lylos, 
M  elver, 
McKce, 
McLeod, 
Manigault, 
Mauldin, 
Maxwell, 
JIayes, 
Mazyck, 
Means, 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 
Parker,  , 

Perrin, 
Porcher, 
Quattlebaum, 
Ilainey, 
Reed, 
Rhett, 

Rhodes,  * 

Richardson,  J.  P. 
Rowell, 


Messrs.  Scott, 

Sessions, 

Shinpjier,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Srayly, 

Snowdea, 

Spain, 

Spratt, 

Springs, 

Stokes, 

Thomson,  Thomas 

Timmons, 

Tompkins, 

Town  send, 

Wanuamaker, 

Wardlaw,  D.  L. 

Watts, 

Wier, 

Williams, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Young. 


The  journal  of  yesterday's  proceedings  was  read. 

On  motion  oi  Mr.  Bellinger,  leave  of  absence  was  granted  to  Mr. 
Carn,  on  account  of  professional  business. 

Mr.  D.  L.  Wardlaw  presented  the  report  of  the  Committee  on  the 
Constitution,  upon  reconsideration  after  recommitment  to  them,  of  an 
Ordinance  to  amend  the  Constitution  of  the  State  of  South  Carolina,  in 
respect  to  the  Executive  Department;  which'waa  ordered  for  consider- 
ation to-morrow,  and  to  be  printed. 


252  JOURNAL  OF  THE  CONVENTION, 

Mr.  Adams  offered  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow  : 

Resolved,  That  the  Convention  adjourn  bhis  day,  at  six  o'clock,  P. 
M.,  to  be  convened  on  the  call  of  the  President,  if  he  should  deem  it 
at. any  time  before  the  first  Monday  of  December  necessary  to  do  so; 
and  should  no  such  call  be  made  before  that  time,  the  Convention  then 
to  stand  adjourned  sine  die. 

Mr.  Thomas  Thomson  presented  the  report  of  the  Committee  on  Ac- 
counts, on  the  accounts  of  P.  Brady  and  others,  which  was  considered 
immediately,  and  was  agreed  to. 

On  motion  of  Mr.  Simons,  the  Convention  went  into 

SECPtET  SESSION. 

The  journal  of  yesterday's  secret  session  was  read. 

Mr.  Rhett  asked  leave  to  record  the  vote  he  would  have  given,  if 
present,  on  a  motion  to  lay  on  the  table  certain  resolutions,  offered  by 
Mr.  Inglis,  suggesting  amendments  to  the  Constitution,  and  Mr.  Rhett, 
being  called,  answered  *'no." 

Mr.  Manigault  presented  the  account  of  the  Horry  Dispatch  for  ad- 
vertising, which  was  referred  to  the  Committee  on  Accouuts. 

Mr.  Rhett  offered  the  following  resolution,  which  was  referred  to  the 
Engrossing  Committee : 

Resolved,  That  the  injunction  of  secrecy  be  removed  from  the  pro- 
cecdinjrs  and  debates  of  this  Convention  on  the  Constitution  of  the  Con- 
federate  States  of  America,  and  the  journal  of  this  Convention  of  its 
proceedings  thereon  shall  be  published  under  the  supervision  of  the 
President  of  this  Convention,  so  soon  as  the  injunction  of  s'ecrecy  shall 
be  removed  from  the  proceedings  and  debates  of  the  Convention  of  the 
States  assembled  at  Montgomery,  which  formed  said  Constitution. 

On  motion  of  Mr.  Simons,  it  was 

Ordered,  That  the  "  Ordinance  to  ratify  the  Constitution  of  the  Con- 
federate States  of  America,"  be  referred  to  the  Committee  on  Engrossed 
Ordinances,  and  be  ratifiad  by  the  signature  of  the  President^ and  at- 
tested by  the  Clerk  of  the  Convention,  under  the  Great  Seal  of  the 
State. 


FRIDAY,  APRIL  5,  1861. 


253 


The  Convention  resumed  the  consideration  of  the  resolutions  (by  Mr. 
Inglis)  suggestinir"  amendments  to  the  Constitution  of  the  Confederate 
States ;  dnd  Uie  following  amendment  thereto,  ofiered  by  Mr,  R.  N. 
Gourdin  : 

To  amend  the  eighth  Section  of  the  first  Article  by  inserting  after 
the  word  "but,"  on  the  seventh  line,  the  following  :  "The  duty  im- 
posed on  all  articles  taxed,  shall  be  uniform,  and  shall  not,  in  time  of 
peace,  exceed  fifteen  per  cent.,  ad  valorem,  at  the  place  of  export." 

Mr.  Mazyck  ofiered  the  following  amendment : 

To  amend  the  ninth  section  by  altering  the  sixth  clause  thereof,  so 
as  to  read  as  follows  :  "  No  lax  or  duty  shall  be  laid  on  articles  exported 
from  any  State ;  nor  shall  any  duty  on  imports  exceed  one-tenth  of  the 
value  of  the  article  on  which  it  is  laid." 

Mr.  Adams  moved  that  the  amendments  be  ordered  to  lie  on  the  ta- 
ble ;  and  the  question  being  put,  will  the  Convention  agree  thereto  ?  it 
passed  in  the  affirmative  : 

Yeas,  85;   nays,  52, 
The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 


^           Hon.  D. 

F.  Jamison,  President ;  and 

Messrs.  Adams, 

Messrs.  Conner, 

Allison, 

Crawford, 

Appleby, 
Atkinson, 

Darby, 
DeSaussure, 

Barnwejl, 

DeTreville, 

Barron, 

'     Duncan, 

Barton, 

Dunkin, 

Beaty, 
•  Bobo, 
Brown,  A.  H. 

Dunovant,  R.  G.  M, 

Easley, 

Ellis, 

Buchanan, 

English, 

Carlisle, 

Evans, 

Carn, 

Fair, 

Carroll, 

Foster, 

Cautlicn, 

Frampton, 

Cheves, 

GarlingtoD, 

254 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Geiger, 
Gist, 


Goodwin, 

Gourdia,  T.  L. 

Gregg,  William 

Grisham, 

Hammond, 

Harllec, 

Honour, 

Hunter, 

Inglis, 

Jackson, 

Jefferies, 

Johnson, 

Kershaw, 

Kilgore, 

Kinard, 

Landruin, 

Lewis, 

Mclver, 

INlanning, 

Mauldin, 

Maxwell, 

Mayes, 

]\Ieans, 

Noble, 


Messrs.  No  well, 
O'Hcar, 
Parker, 
Perrin, 
Raincy, 
Reed, 
Robinson, 
Howell, 

Shingler,  J.  M. 
Shingler,  W.  P. 
Simpson, 
Sims, 

Smith,  Thomas 
Springs, 
Stokes, 

Thompson,  R.  A, 
Thomson,  Thomas 
•  Tompkins, 

Wardlaw,  D.  L. 

Watts, 

Whitner, 

Wier, 

Wilson,  L  D. 

Wilson,  W.  R.   , 

Withers, 

Young. 


Those  who*  voted  in  the  negative,  are 

Messrs.  Plud, 


Messrs.  Ayer, 

Bellinger, 
.      Brabham, 
Rrown,  C 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Clarke, 
Davant, 
DuPre, 


Furman, 
Glover, 

Gourdin,  R.  N. 
Gregg,  Maxcy, 
Hanckel, 
Harrison, 
*Hayue, 
Henderson, 
Hutson, 
Jenkins,  John 


FRIDAY,  APRIL  5,  1861. '  »'  255 

Messrs.  Jenkins,  J.  E.  Messrs.  Rhett, 

Keitt,  Rhodes, 

Kinsler,  Richardson,  J.  P. 

*        McCrady,  ,  Scott, 

McLeod,  Seabrook,  E.  M. 

Manigault,  Sessions, 

Mazyck,  Simons, 

Middlcton.'J.  Izard  Smith,  J.  J.  P. 

Middletou,  W.  Snowden, 

Miles,  Spain, 

Moore,  Spratt, 

Moorman,  Tcwnsend, 

Orr,  Wannamaker, 

Pahiier,  Williams, 

Quattlcbaum,  Wilson,  J.  IT. 


So  the  motion  was  agreed  to. 

Mr.  John  I.  Middleton  offered  the  following  amendment; 


» 


To  amend  the  tenth  section  of  the  first  Article  by  striking  out  from 
the  third  clause  thereof,  after  the  word  "State,"  the  words ''keep 
troops  or  ships  of  war  in  time  of  peace,"  so  that  the  clause  may  read  : 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  on 
tonnage,  except  on  sea-going  vessels,  for  the  improvement  of  its  rivers 
and  harbors^navigated  by  the  said  vessels;  but  such  duties  shall  not 
conflict  with  any  treaties  of  the  Confederate  States  with  foreign  nations, 
and  any  surplus  revenue  thus  derived  shall,  after  making  such  improve- 
ments, be  paid  into  the  common  treasury,  nor  shall  any  State  enter 
into  any  compact  or  agreement  with  another  State,  or  with  a  foreign 
power,  or  engage'in.war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay;  but  when  any  river  divides  or  flows 
through  two  or  more  States,  they  may  enter  into  compacts  with  each 
other  to  improve  the  navigation  thereof. 

Mr.  Miles  moved  that  the  amendment  be  ordered  to  lie  on  the  table, 
and  the  question  being  put,  will  the  Convention  agree  thereto?  it 
passed  in  the  affirmative. 

Yca^  124;  nays,  15. 

The  yeas  and  nays  were  demanded,  and  are  as  follow.s  : 

Those  who  voted  in  the  aftirmative,  are 


256 


JOURNAL  OF  THE  CONVENTION, 


Hon.  D.  F. 
Messrs.  Adams, 

Allison, 

Appleby, 

Atkinson, 

Ayer, 

Earuwell, 

Barron, 

Barton, 

Beat  J, 

Bellinger, 

Bobo, 

Brabham, 

Brown,  A.  U. 

Buchanan, 

Caldwell, 

Calhoun, 

Campbell,  • 

Carlisle,     ' 

Cam, 

Carroll, 

Caughman, 

Cauthen, 

Cheves, 

Conner, 

Crawford, 
Darby, 

Davis, 
DeSaussurc, 
.   DeTreville, 
Duncan, 
Dunkin, 

Dunovant,  B.  G.  M. 
DuPre, 
Easley, 
Ellis,      . 
English, 
Evans, 
Fair, 


Jamison,  President,  and 
Messrs.  Flud, 

Foster, 
,  Frarapton, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Glover. 

Goodwin, 

Gourdin,  11.  N. 

Gourdin,  T.  L. 

Gregg,  William 

Hammond, 

Harllee, 

Harrison, 
Hayne, 

Honour,  ^ 

Hunter, 
Messrs.  Inglis, 

Jackson, 

Jefferies, 

Jenkins,  J.  E. 

Johnson, 

Kcitt, 

Kershaw, 

Kilgore, 

Kinard, 

Landrum, 

Lewis, 

McCrady, 

Mclver, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Manuiiio', 

Mauldiu, 

Maxwell, 


FRIDAY,  APRTI^  5,  1861. 


257 


Messrs.  Mayes, 
Means, 


Miles, 

Moore, 

31  Gorman, 

Noble, 

Nowell, 

O'Hfear, 

Orr,        , 

Palmer, 

Parker, 

Perrio, 

Quattlebaum, 

Rainey, 

Reed, 

Rhett 

Rhodes, 

Robinson, 

Rowell, 

Scott, 

Seabrook,  E.  M. 

Sessions, 

Shincler,  J.  M. 

Shingler,  W.  P. 


Messrs.  Simons, 
8impson, 
Sims, 

Smith,  Thomas 
Snowden, 
Spain, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
Wannamakcr, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
Watts, 
Whitner, 
Wicr, 

Wilson,  I.  D. 
Wilson,  W.  B. 
Withers, 
Youns:. 


Those  who  voted  in  the  negative,  are 


h 


Messrs.  Brown,  C.  P. 
Clarke, 
Davant, 
Forster, 
Hutson, 
Jenkins,  John 
Ki^sler, 
Mazyck, 


Messrs.  Middlcton,  J.  Izard 
Middlefon,  W. 
Richardson,  F.  D. 
Smith,  J.  J.  P. 
Spratt, 
Williams, 
Wilson,  J.  H. 


So  the  motion  was  agreed  to. 

Mr.  Mazyck  (^ered  the  following  amendments  : 

To  amend  the  ninth  section  by  adding  the  following  clause.'*,  viz  : 
1.  All  taxes,  other  than  duties  and  excises  and  imposts  upon  the  sale 


258 


JOURNAL  OF  THE  CONVENTION, 


or  letting  of  commodities,  or  the  performance  of  service  for  hire,  shall 
be  deemed  direct  taxes. 

2.  The  power  of  Congress  to  regulate  commerce  shall  not  be  under- 
stood to  authorize  the  prohibition  or  suppression  of  any  branch  of  com- 
merce. 

To  amend  the  tenth  section  of  the  first  Article,  by  adding  thereto 
the  following  clause,  viz  : 

"  Nothing  in  this  Constitution  shall  be  understood  to  take  away  or 
abridge  the  power  of  the  several  States  to  prohibit  ti^e  importation  or 
introduction  of  such  persons  or  things  as  they  may  respectively  think 
proper  to  exclude." 

Mr.  Withers  moved  that  the  amendments  be  ordered  to  lie  on  the 
table;  and  the  question  being  put,  will  the  Convention  agree  thereto  ? 
it  passed  in  the  afl&rmative  : 

Yeas,  115;    nays,  20. 
The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are      '  * 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Adams,  Messrs.  Chesuut, 

Allison,  Chevos, 

Appleby,  Clarke, 

Atkinson,  Conner, 

Ayer,  Crawford, 

Barnwell,     *  Darby, 

Barrou,  Davis, 

Barton,  ,  DeTrcville, 

Beaty,  Duncan, 

Bellinger,  *  Dunkin, 

Bethea,  DuPre, 

Bobo,  Easlcy, 

'    Brabham,  Elli.s, 

Brown,  A.   II-  English, 

Calhoun,  Evans, 

Campbell,  Fair, 

Carlisle,  Foster, 

Carroll,  Frampton, 

Caughman,  Furma^., 

Cauthen,  Garliuglon, 


FRIDAY,  APRIL  5,  18G1. 


259 


Messrs.  Geiger, 

Messrs.  No  well. 

Gist, 

O'llear, 

Glover, 

Orr, 

Gourdin,  R.  X. 

Palmer, 

Gourdin,  T.  L. 

Parker, 

Gregg,  William 

Porcher, 

Hammond, 

Quattlebaum, 

Hanckel, 

Rainey, 

Harllee, 

Reed, 

Harrison, 

Rhodes, 

Hayne, 

Robinson, 

Honour, 

Rowell, 

Hunter, 

Scott, 

Hutson, 

Sessions, 

Inglis, 

Shingler,  J.  M.  • 

Ingram, 

Shingler,  W.  P. 

Jackson,  . 

Simons, 

Jefferies, 

Simpson, 

Jenkins,  J.  E. 

Sims, 

Johnson, 

Smith,  Thomas 

Keitt, 

Springs, 

Kershaw, 

Stokes, 

Kilgore, 

Thompson,  R.  A. 

Kinard, 

Thomson,  Thomas 

Landrura, 

Tiramons, 

McCrady, 

Tompkins, 

McKee, 

Town-send, 

McLeod, 

Wannamaker, 

Magrath, 

Wardlaw,  F.  H. 

Manning, 

Watts, 

Mauldin, 

Whitner, 

Maxwell, 

Wier, 

Majes, 

Wilson,  I.  D. 

Means, 

Wilson,  J.   H. 

Moore,                       ^ 

Wilson,  W.  B. 

Moorman, 

Withers, 

Noble, 

Young. 

260  JOURNAL  OF  THE  CONVENTION, 

Those  \5;bo  voted  in  the  negative,  are 


Messrs.  Erown,  C.  P. 

Messrs. 

Mazyck, 

Buchanan, 

MiddlctoD,  John  Izard 

•        Cain, 

3Iiddleton,  Vvilliams 

Caldwell, 

Miles, 

Davant, 

Ilichardson,  F.  D. 

Flud, 

Smith,  J.  J.  P. 

Grejr.s,  l^Inxcy 

Snowden, 

Jenkins,  John 

Spain, 

Kinsler, 

Spratt, 

•  Manigault, 

Williams. 

So  the  motion  was  agreed  to. 

Mr.  Orr  offered  the  following  amenduicnt,  which  was  agreed  to: 

Strike  out  the  second  clause  of  the  eighth  section  of  the  first  Article, 
and  insert : 

"The  Congress  shall  not  contract  any  debt,  except  for  war  purposes, 
and  all  expenditures  in  excess  of  revenues  from  imports,  which  shall 
not  exccqd  fifteen  per  cent,  ad  valorem,  and  other  services,  shall  be 
met  by  direct  taxation,  to  be  provided  for  by  the  Congress  authorizing 
the  expenditure." 

Mr.  J.  Tzard  Middleton  offered  the  following  amendment : 

To  amend  the  sixth  clause  of  the  sixth  Article,  by  adding  at  the 
close  thereof  the  following  words  :  "  And  all  the  powers  hereinbefore 
delegated  to  the  Confederate  States,  may,  at  any  time,  be  resumed  by 
any  one  of  them,"  so  that  the  clause  may  read  : 

6.  The  powers  not  delegated  to  the  Confederate  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people  thereof.  And  all  the  powers  hereinbefore 
delegated  to  the  Confederate  States,  may,  at  any  time,  be  resumed  by 
any  one  of  them. 

Mr.  Reed  moved  that  the  amendment  ]^  ordered  to  lie  on  the  table, 
and  the  question  being  put,, will  the  Convention  agree  thereto?  it 
passed  in  the  affirmative. 

Yeas,  114;  nays,  12. 

The  yeas  and  na^'s  were  demanded  and  are  as  follows  : 

Those  who  voted  in  the  afftrmative,  are 


FRIDAY,  APRIL  5,  1861. 


261 


Hon.  T). 

F.  Jamison,  President;  and 

Messrs 

.  Adams, 

Messrs.  Glqver, 

Allibon, 

Gourdin,  R.  N. 

Barnwell, 

Gregg,  William 

Barron, 

Hammond, 

Barton, 

Hanckcl, 

Beaty, 

Ilarllcc, 

Bellinger, 

Harrison, 

Bethea, 

Hayne, 

Bobo, 

Hunter, 

Brabham, 

Hutson, 

Brown,  A.  H. 

Inglis, 

Brown,  C.  P. 

Ingram, 

Cain, 

Jackson, 

Calhoun, 

Jcffcries, 

Carlisle, 

Jenkins,  J.  E. 

Carroll, 

Johnson, 

Caughman, 

Keitt, 

Can,then, 

Kershaw, 

Conner, 

Kilgore, 

Crawford, 

Kinard, 

Darby, 

Land  rum, 

Davant, 

Lewis, 

DeSaussure, 

KcCrady, 

Dctrevillc,  ' 

Mclver,  , 

Dunkin, 

McKcc, 

DuPre, 

■    McLeod, 

Easley, 

Magrath, 

Ellis, 

Manigault, 

English, 

Mauldin, 

Evans, 

Maxwell, 

Fair, 

Mayes, 

Flud, 

Means, 

Foster, 

Miles, 

Frampton, 

IMoorc, 

Furman, 

Noble, 

Garlington, 

Nowell, 

Gciger, 

O'Hcar, 

Gist, 

Orr, 

/ 


262 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Parker, 
Perrin, 
Pope, 
Porcher, 
Quattlebaum, 
Rainey, 
Reed, 
•  Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Robinson, 
Rowell, 
Scott, 
Sessions, 
Shingler,  J.  M. 
Simons, 
Simpson, 
Sims, 
Smith,  Thomas 


Messrs.  Snojvdon,    • 
Spain, 
Springs, 
Stokes, 

Thompson,  R.  A. 
Thomson,  Thomas 
Timmons, 
Tompkins, 
Townsend, 
,  Wagner, 
Wardlaw,  D.  L. 
Wardlaw,  F.  H. 
"Watts, 
Wier, 
Williams, 
Y/ithers, 
Woods, 
Young. 


Those  who  voted  in  the  negativd,  are 


Messrs.  Buchanan, 
Caldwell, 
Gregg,  Maxcy 
Ilcudersoo, 
Jenkins,  John 
Kinsler, 


Messrs.  Manning, 

Middleton,  John  Izard 

Moorman, 

Palmer, 

Smith,  J.  J.  P. 

Wilson,  J.  H. 


So  the  motion  was  agreed  to.  5^ 

The  question  being  put,  will  the    Convention  agree  to  the  resolu- 
tions ?'  it  passed  in  the  affirmative  : 

Yeas,   117 ;  nays,  15. 
The  yeas  and  nays  w6re  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are 


Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Adams, 
Allison, 
Atkinson, 
Barnwell, 


Messrs.  Barron, 
Barton, 
Beaty, 
}3ellinger, 


\ 


FRIDAY,  APRIL  5,  1861. 


263 


Messrs.  Bethea, 

Brabham, 

Brown,  A.  H. 

Brown,  C.  P. 

Buchanan, 

Cain, 

Caldwell, 

Calhoun, 

Carroll, 

Caughman, 

Cautheu, 

Clarke, 

Conner, 

Darby, 
Davant, 

DeSaussure, 

DeTreville, 

Duncan, 

Dunkin, 

DuPre, 

Ellis, 

English, 

Evans, 

Fair, 

Flud, 

Frampton, 

Furman, 

Garlington,  ' 

Geiger, 

Gist,   , 

Glover, 

Gourdiu,  R.  N. 

Gregg,  Maxcj, 

Gregg,  William 

Hammond, 

Hanckel, 

Hayne, 

Henderson, 

Honour, 

Hunter, 


Messrs.  Hutson, 


Inglis, 

Ingram, 

Jackson, 

Jefferies, 

Jenkins,  John 

Jenkins,  J.  E. 

Keitt, 

Kershaw, 

Kilgore, 

Kiuard, 

Kinsler, 

Landrum, 

Lewis, 

McCrady, 

M  elver, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

jMaxwell, 

Mayes, 

Means, 

Middleton,  John  Izard 

Middleton,  Williams 

Miles, 

Moore, 

Moorman, 

Noble, 

Nowell, 

O'llear, 

Palmer, 

Parker, 

Pope, 

Porchcr, 

Quattlebaum, 

Raincy, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 


264 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Eobinson, 


]Messrs.  Stokes, 


Rowell, 

Scott, 

Scabrook,  E.  M. 

Sessions, 

Sbinglcr,  J.  M. 

Simons, 

Simpson, 

Sims,  X 

Smith,  J.  J.  P. 

Smith,  Thomas 

Snowdcn, 

Spain, 

Springs, 

Those  who  voted  in  the  negative,  are 


Thompson,  R.  A. 

Thomson,  Thomas 

TimmOns, 

Wagner, 

Wardlaw,  D.  L. 

Wardlaw,  F.  H. 

Watts, 

Wier, 

Williams, 

Wilson,  J.  H. 

Withers, 

Woods, 


Messrs.  Bobo, 

Carlisle, 

ChcEuut, 

Easley, 

Foster, 

Harllee, 

Harrison, 

Johnson, 


Messrs.  Manning, 
3Jauldin, 
'Orr,    . 
Perrin, 
Heed , 
Tompkins, 
Wilson,  I.  D. 


So  the  resolutions  were  agreed  to. 

Mr.  Inglis  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  the  resolution  just  adopted  by  this  Convention, 
declaring  that  the  State  of  South  Carolina  ought  hereafter  to  demand 
a  Convention  of  all  the  States  to  consider  certain  amendments  to  the 
Federal  Constitution  therein  specified,  be  committed  to  the  Committee 
on  En"-rossed  Ordinances  to  be  engrossed,  and  that  an  authenticated 
copy  thereof  be  transmitted;  with  the  Ordinance  ratifying  the  Federal 
Constitution,  to  the  Congress  of  the  Confederate  States. 

Mr.  McCrady  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to: 


Resolved,  That  a  Committee  of  four  be  appointed   to  consider  and 


FRIDAY,  APRIL  5,  1861.  265 

report  whether  any,  and  if  any,  wliat  measures  ousrht  to  be  adopted  for 
the  protection  of  suitors  and  parties  to  causes  pending  in  Court,  where 
from  the  employment  of  their  attorneys,  solicitors  or  counsel  in  the 
service  of  the  State,  irregularities  have  occurred,  which,  by  the  course 
of  pleading  or  practice,  or  by  the  rules  of  the  various  Courts,  may  work 
injury  to  Ihem,  or  put  them  at  disadvantage,  or  leave  them  at  the 
mercy  of  thci  opposite  parties,  their  counsel,  attorneys  or  solicitors. 

Whereupon  the  President  appointed  the  following  gentlemen,  of  the 
Committee: 

Messrs.  J.  N.  Whitner, 
T.  W.  Glover, 
J.  P.  Carroll, 
J.  A.  Inglis. 

Mr.  Buchanan  asked  to  record  the  vote  he  would  have  given,  if 
present,  on  an  Ordinance  to  ratify  the  Cout^titution  of  the  Confederate 
States  of  America,  and   Mr.  Buchanan,  being  called,  answeied  "  aye  " 

Mr.  W.  P.  Shingler  asked  to  record  the  vote  he  would  h^ve  given,  if 
present,  on  an  Orainance  to  ratify  the  Constitution  of  the  Confederate 
States  of  America,  and  Mr.  Shingler  being  called,  answered  "aye." 

Mr.  Ch'^ves  asked  to  record  the  vote  he  would  have  given,  if  pre- 
sent, on  the  resolutions  suggesting  anjcndments  to  the  Constitution  of 
the  Confederate  States,  and  Mr.  Cheves  being  called,  answered  "aye." 

Messrs.  Flud,  Snowden,  Spain,  Williams,  Davant  and  Hutson,  asked 
leave  respectively,  to  change  their  votes  on  an  Ordinance  to  ratify  the 
Constitution  of  the  Confederate  States  of  America ;  and,  being  called 
respectively,  answered  "  aye." 

On  tnotion  of  Mr.  Glover,  leave  of  absence  was  granted  to  Mr. 
Keitt,  o«  account  of  sickness  in  his  family. 

On  motion  of  Mr.  Chesnut,  leave  of  absence  was  granted  to  Mr. 
Adams,  on  account  of  ill  health. 

On  motion  of  Mr.  Hutson,  leave  of  absence  was  granted  to  Mr. 
Frarapton,  on  account  of  ill  health.. 

On  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to  Mf.  K.  A. 
Thompson,  on  account  of  important  business. 

On  motion  of  Mr.  Pope,  the  injunction  of  secrecy  wa.s  removed  from 
the  vote  on  the  ratification  of  the  Constitution  of  the  Confederate 
States.  • 

On  motion  of  Mr.    Harllee,  the  Convention   proceeded   to  the  con- 
o4 


266  JOURNAL  OF  TUp:  CONVENTION, 

sideration  of  the  Eeport  of  the   Committee  on  the   jMilitary,  together 
with  the  resolutions. 

The  first  and  second  resolutions  were  agreed  to. 

The  third  resolution  was  taken  up. 

Mr.  Orr  offered  the  following  amendment  to  the  third  resolution  : 

Rexolved,  That  it  is  the  sense  of  this  Convention,  that  the  sudden 
call  which  Was  gallantly  answered  by  the  First  Regiment  of  South 
Carolina  Volunteers,  now  in  the  service,  and  the  valuable  services 
which  that  regiment  has  rendered,  give  it  a  just  claim  to  an  honorable 
discharge  as  soon  as  the  pressing  exigency  of  State  affairs  will,  in  the 
judgment  of  the  Governor,  permit;  but  that  if  it  should  be  the  desire 
of  the  said  regiment  to  prolong  its  service,  then  if  shall 

On  motion  of  Mr.  D.  L.  Wardlaw,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow  at  twelve  o'clock,  M. 

Pending  the  consideration  of  the  amendment  offered  by  IMr.  Orr, 
Oji  motion   of  Mr.    Bobo,  the   Convention   was  adjourned  at   four 
o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


SATURDAY,  APRIL  6,  18G1. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 

Messrs.  Allison,  Messrs.  Barron, 

Appleby,  Barton, 

Atkinson,  •  Bcaty, 

Ayer,  Bellinger, 


SATURDAY,  APRIL  6,  1861. 


267 


Messrs.  Eobo, 

Browu,  A.  H. 

Biowu,  C.  P. 

Buchauan, 

Cain, 

Caldwell, 

Calhouu, 

Campbell, 

Carlisle, 

Carroll, 

Caughuian, 

Charles, 

Cheves, 

Clarke, 

Darby, 

Davant, 

DcSaussure, 

DeTreville, 

Duncan, 

Dunkin, 

Dunovant,  R.  G.  M. 

DuPre, 

Easley, 

Ellis, 

English, 

Evans, 

Fair, 

Flud, 

Foster, 

Furuiau, 

Gadbcrrj, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 


Messrs.  Hammond,        ^ 
Harllee, 
Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Ilutson, 

Inglis, 

Ingram, 

Jackson, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Kilgore, 

Kiusler, 

Landfum, 

Lewis, 

Logan, 

J^IcCrady, 

Mclver, 

McKee, 

McLeod, 

Manigault, 

Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 
-  Means, 
Midd^ton,  John  Txard 
Miles, 
Moore,     , 
Moorman, 
Noble, 
Nowell, 
O'JIear, 
Orr, 
Palmer, 
Parker, 
Perriu, 


268 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Pother, 
Prcsslcy, 
Quattlebaum, 
Heed, 
Kbctt, 
Rhodes, 
Rob  ID  son, 
Scott, 
Sessions, 
Shiugler,  J.  M. 
Shingler,  W.  P. 
Simons, 
Simpson, 
Sims, 

Sniitb,  J.  J.  P. 
Smitb,  Thomas 
Smjly, 
Snowden, 
Spain, 


Messrs.  Spratt, 
Springs, 


Stokes, 

Thomson,  Thomaa 

Timmons, 

Townsend, 

Wannamaker, 

Wardlaw,  D.  L. 

AVardlaw,  F.  H. 

Watts, 

Whituer, 

"Wier, 

"Williams, 

Wilson,  J.  H. 

Wilson,  W.  B. 

Withers, 

Woods, 

Younjr- 


Tbc  journal  of  yesterday's  proceedings  was  read. 

Mr.  Quattlebaum  presented  the  report  of  the  (Committee  on  Printing, 
in  relation  to  printing  the  journals  of  the  Convention,  &c.  :  which  was 
ordered  to  lie  on  the  table,  to  be  taken  up  in  connection  with  the 
report  of  the  Engrossing  Committee  on  the  same  subject. 

Mr.  Rhett  asked  leave  to  give  the  vote  he  would  have  given,  if 
present,  on  certain  resolutions  adopted  yesterday,  suggesting  amend- 
ments to  the  Constitution  of  the  Curifederate  States  of  America;  and 
Mr.  Rhett  being  called,  answered  "aye." 

On  motion  of  jMr.#Ayc'r,  leave  of  absence  was  granted  to  Mr.  Stokes, 
on  account  of  indispusiiion. 

Mr.  Thomas  Thomson  offered  the  following  resolutions,  which  were 
considered  immediately,  and  were  agreed  to : 

Resolved,  That  the  President  of  this  Convention  is  authorized  and 
directed  to  issue  his  warrants  upon  the  Treasury,  in  the  usual  form,  for 
the  payment  of  all  sums  of  money  allowed  by  the  Convention. 

Rtsohcd,  That  the  Clerk,  Messenger,  Door-keeper  and  Engrossing 
Clerks  of  the  Convention  receive,  severally,  as  compensation  for  their 
services,  during  the  present  sitting  thereof,  the  same  rate  of  payment, 


SATURDAY,  APRIL  6,  1861.  269 

i 

in  proportion  to  the, time  they  serve,  as  is  allowed  the  saiue  officers  of 
the  House  of  Representatives  of  this  Stntc. 

Resolved,  That  the  President  of  the  Convention  is  authorized  and 
directed  to  draw  his  warrant  upon  the  Treasury  for  whatever  sum  may 
be  reported  to  him  by  the  Clork  as  due  for  stationery,  and  any  expenses 
incidental  to  his  office,  not  otherwise  directed  to  be  paid  by  the  Con- 
vention. 

Mr.  Thomas  Thomson  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to  : 

Resolved,  That  the  sundry  articles  of  furniture,  ^ow  in  St.  Andrew's 
Hall,  purchased  and  used  by  the  Convention,  be  placed  at  the  disposal 
and  for  the  use  of  St.  Andrew's  Society. 

Mr.  Gadberry  asked  leave  to  record  the  vote  he  would  have  given,  if 
present,  on  certain  resolutions  suggesting  amendments  to  the  Constitu- 
tion of  the  Confederate  States;  and  Mr.  Gadberry  being  called,  an- 
swered "  aye." 

Mr.  Logan  asked  to  record  the  vote  he  would  have  given,  if  present, 
on  certain  resolutions  suggesting  amendmsent  to  the  Constitution  of 
the  Confederate  States  of  America;  and  Mr.  Logan  being  called,  an- 
swered "aye." 

Mr.  Charles  asked  to  record  the  vote  he  would  have  given,  if  present, 
on  certain  resolutions  suggesting  amendments  to  the  Constitution  of 
the  Confederate  States  of  America;  and  ^Ir..  Charles  being  called, 
answered  "  aye." 

Mr.  Campbell  asked  leave  to  record  the  vote  he  would  have  given,  if 
present,  on  certain  resolutions  suggesting  amendments  to  the  Constitu- 
tion of  the  Confederate  States  of  America  ;  and  Mr.  Campbell  being 
called,,  answered  "  aye." 

Mr.  W.  P.  Shingler  asked  leave  to  record  the  vote  he  would  have 
given,  if  present,  on  certain  resolutions  suggesting  amendments  to  the 
Constitution  of  the  Confederate  States  of  America;  and  Mr.  Shingler 
being  called,  answered  "aye." 

Mr.  Withers  offered  the  following  resolution,  which  was  ordered  to 
lie  on  the  table  : 

Resolved,  That  in  case  a  vacancy  shnll  arise,  from  any  cause,  in  the 
delegation  from  this  State  to  the  Congress  of  the  Confederate  States  of 
America,  the  Governor  of  this  State  be,  and  he  is  hereby,  authorized 
to  supply  such  vacancy  by  appointment,  should  he  think  fit. 


i70  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  J.  I.  Middleton,  the  Convention  went  into 
SECRET  SESSION. 

The  Convention  resumed  the  consideration  of  the  report  of  the  Com- 
mittee on  the  Military  and  the  accompanying  resolutions,  together  with 
the  amendment  thereto,  offered  by  Mr.  Orr. 

Mr.  Orr  withdrew  his  amendment. 

Mr.  Perrin  offered  the  following  amendment,  which  was  agreed  to  : 

Rasolvol,  That  it  is  the  sense  of  this  Convention  that  the  sadden 
call  which  was  gallantly  answered  by  the  first  Regiment  of  South  Caro- 
lina Volunteers,  now  iu  the  service,  and  the  valuable  services  which 
that  regiment  has  rcjndercd,  give  it  a  just  claim  to  an  honorable  dis- 
charge as  soon  as  the  pressing  exigency  of  State  affairs  will,  in  the 
judgment  of  the  Governor,  permit;  but  that  if  it  should  be  the  desire 
of  the  said  Regiment  to  prolong  its  service,  then  it  shall  — 

The  resolution,  as  amended,  was  agreed  to. 

The' remaining  resolutions  of  the  series  were  agreod  to;  and  were 
ordered  to  be  engrossed,  and  to  be  signed  by  the  President  and  the 
Clerk. 

The  Convention  proceeded  to  the  consideration  of  an  Ordinance  to 
ratify  the  I'rovisiuual  Constitution  and  Government  of  the  Confederate 
States  of  Ameriisa;  which  was  unanimously  agreed  to,  and  was  ordered 
to  be  engrossed,  and  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  granted  to  Mr;  En- 
glish, on  account  of  urgent  professional  business  of  a  public  nature. 

On  motion  of  Mr.  Spain,  leave  of  absence  was  granted  to  Mr.  Mayes, 
on  account  of  indisposition. 

On  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to  Mr.  Lewis, 
on  account  ot  sickness  in  his  family. 

Mr.  Mauigault  offered  the  following  resolution,  which  was  considered' 
immediately,  and  was  agreed  to  :' 

Resolved,  That  the  Colonels  of  the  Regiments  which  have  volunteered 
their  services  to  the  State,  shall  not  be  required  to  give  bonds  for  the 
safe  keeping  of  arms  issued  to  their  respective  Regiments,  and  to  take 
similar  bonds  from  the  Captains  under  their  oummand. 

Mr.   Simons,  from  the  Committee   on  'Engrossed  Ordinances,  pre. 


SATURDAY,  APRIL  6,  1861.  271 

seated  the  following  report,  which  was  considered  immediately,  and  was 
agreed  to  : 

The  Committee  on  Engrossed  Ordinances,  to  whom  it  was  referred  : 
Firsf,  to  inquire  and  report  "  what  resolutions  and 'orders  of  the  Con- 
vention, passed  in  secret  session,  and  how  much  and  what  portion  of 
the  secret^journal,  may  now  be  made  public  without  impropriety;"  and 
SecmnU^y  to  consider  and  report  upon  the  following  resolution,  to 
wit :  "  liesolverf,  That  the  injunction  of  secrecy  be  removed  from  the 
proceedings  and  debates  of  this  Convention  on  the  Constitution  of  the 
Confederate  States  of  America;  and  that  the  journals  of  this  Ccnven- 
tion  and  of  its  proceedings  thereon,  shall  be  published  under  the  super- 
vision of  the  President  of  this  Convention,  so  soon  as  the  injunction  of 
secrecy  shall  be  removed  from  the  proceedings  and  debates  of  the  Con- 
vention of  the  Congress  assembled  at  Montgomery,  which  formed  said 
Constitution,"  having  considered  these  matters,  beg  leave  to 

REPORT: 

,  That  they  were  attended  by  the  Clerk  of  the  Convention,  and  with 
him  carefully  and  minutely  perused  the  journals  of  the  secret  sessions 
of  this  body, -from  the  22d  day  of  December,  A.  D.  1860,  when  the 
Convention  first  sat  with  closed  doors,  until  the  present  time.  They 
find  that  the  injunction  of  secrecy  has  already  been  removed  from  the 
Ordinances  and  the  more  important  resolutions  which  have  been  adopted. 
Your  Committee  cannot  say  that  the  removal  of  the  injunction  of 
secrecy  from  the  remainder  of  the  transactions  of  the  Convention,  and 
their  consequent  publication,  is  either  improper  or  incompatible  with 
the  public  interests. 

There  are  a  class  of  resolutions,  the  publication  of  which,  it  was  ob- 
jected in  the  Committee,  might  give  rise  to  a  niisconcepiion  of  the  real 
views,  and  a  u)isconstruction  of  the  true  action  of  this  body.  To  these 
the  attention  of  the  Convention  is  invited. 

On  the  27th  day  of  December  of  the  last  year,  the  morning  after 
Major  Anderson  had,  under  cover  of  the  night,  dismantled  and  aban- 
doned Fort  Moultrie,  and  taken  military  and  hostile  occupation  of  Fort 
Sumter,  a  delegate  offered  the  following  resolution  : 

"  Rtsoficd,  That  it  is  the  sense  of  this  Convention,  that  the  occupa- 
tion of  Fort  Sumter  ought  at  once  to  be  regarded  as  an  authorized  oc- 
cupation, and  vigorous  military  defences  provided  imjDcdiatcly  ;"  whicl* 
was  ordered  to  lie  on  the  table.     Many  other  resolutions  to  the  same 


272       JOURNAL  OF  THE  CONVENTION, 

effect  were,  from  time  to  time,  presented,  and  were  also  either  ordered 
to  lie  ou  tlie  table  or  rejected.  To  remove  the  iujuiiction  of  secrecy, 
and  publish  to  the  word  these  and  kindred  resolutions,  it  was  sug-jested 
might  lead  to  the  idea  that  the  Convention  had,  by  their  action  on  them, 
declined  to  entertain,  or  assert,  and  perhaps  had  denied,  the  principles 
therein  decl:;red,  and  had  thus  placed  themselves  somewhat  in  opposi- 
tion to  the  views  expressed  in  their  behalf  by  uur  Commissioners  to  the 
Government  at  Washington. 

In  this  view  your  Committee  do  not  concur.  It  is  well  known  to 
the  members  of  this  body,  that  in  truth  and  in  fact,  the  Convention 
intended  thereby  to  express  no  opinion  as  to  the  authority  and  charac- 
ter of  jMajor  Anderson's  occupation,  the  same  not  having  been  then, 
as  yet,  affirmed,  denied  or  adopted  by  the  then  Administration,  and  our 
Commissioners  having,  at  that  time,  this,  with  other  complicated  and 
delicate  questions,  for  explanation  and,  if  possible,  for  adjustment. 
The  reasons  thus  indicated,  which  induced  the  action  of  the  Conven- 
tion, do  not,  it  is  true,  appear  on  the  face  of  the  journal  or  aqcompany 
the  record ;  but  this  may  be  said  of  the  proceedings  in  all  legislative 
bodies,  and  which,  therefore,  at  last,  must,  in  a  great  measure,  depend 
upon  contemporaneous  history  for  their  explanation  and  vindication. 

In  reference  to  the  publication  of  the  debates  on  the  subject  of  the 
adoption  of  the  Constitution  of  the  Confederate  States  of  America,  your 
Committee  do  not  perceive  how  the  same  could  be  done  under  the 
authority  of  this  body,  as  no  official  record  of  them  was  kept  under  its 
directions.  They  would,  therefore,  recommend  the  adoption  of  the 
following  resolutions : 

1.  Rewlved,  That  the  injunction  of  secrecy  be  removed  from  all  the 
transactions  of  this  Convention  in  secret  session,  except  iu  relation  to 
the  debates  on  the  Constitution  of  the  Confederate  States  of  America, 
and  the  matter  this  day  directed   by  the  Convention  to  be  kept  secret. 

2.  Resolved,  That  as  soon  as  the  injunction  of  secrecy  shall  be  re- 
moved from  the  proceedings  and  debates  of  the  Convention  of  Dele- 
gates, lately  assembled  at  Montgomery,  the  injunction  of  secrecy  shall 
likewise  be  removed  from  the  debutes  of  this  Convention  on  the  Con- 
stitution submitted  for  the  Confederate  States  of  America. 

3.  Resolved,  That  five  hundred  copies  of  the  journal,  public  and 
secret,  and  of  the  reports,  resolutions  and  transactions  of  this  Convention 
be  printed,  and  separately  live  hundred  copies  in  the  following  order  : 


SATURDAY,  APRIL  6,  1861.  273' 

1.  All  the  Ordinances  passed  by  the  Convention,  in  the  order  of 
time  (except  the  Ordia-incc  of  Ratification)  ;  together  with 

2.  The  Bills  to  amend  tha  Constitution  of  this  State,  ratified  during 
the  late  session  of  the  General  Assembly. 

3.  The  Resolutions  for  enorrossino;  the  Constitution. 

4.  The  Constitution  of  the'  State  as  engrossed. 

6.  The  Constitution  of  the  Provisional  Government  of  the  Confed- 
erate States  of  America. 

6.  The  Constitution  of  the  Confederate  States  of  America. 

7.  The  Ordinance  of  Ratification. 

8.  The  Resolutions  suggesting  amendments. 

And  that  the  same  be  distributed  as  follows  : 

For  the  JCxccutive,  10  copies;  for  the  Legislative  Library  of  the 
Congress  at  iMontgomery,  5  copies;  for  the  Legislative  Library  at  Co- 
lumbia, 5  copies;  for  the  Libraries  of  the  Coui-t  of  Appeals  at  Colum- 
bia and  Charleston,  each  5  copies;  for  the  members  of  the  Convention, 
and  members  of  the  General  Assembly  of  the  State,  each  1  copy;  for 
the  Governors  of  the  several  Confederate  States,  each  1  copy;  for 
the  Chief  Justice  and  Associate  Justices  of  the  Court  of  Appeals,  and 
for  the  Chancellors  and  Judg(Js  of  the  State,  each  J.  copy;  for  the  Col- 
lege and  various  public  Libraries  in  the  State,  each  1  copy;  for  the 
Attorney  General,  Solicitors,  Secretary  of  State,  Surveyor  General  and 
Treasurers  of  the  Upper  apd  Lower  Division,  each  1  copy  for  the  use 
of  their  respective  offices ;  and  that  the  residue  be  distributed  under 
the  direction  of  the  President  of  this  Convention. 
All  of  which  is  respectfully  submitted, 

^LHOMAS  Y.  SIMONS,  Chairman. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to  Mr.  Watts, 
on  account  of  important  business. 

An  Ordinance,  ceding  the  possession  of  the  Forts,  Arsenals,  &c.,  to 
the  Confcd^ate  States  of  America  (reported  by  the  Committee  on 
Relations  with  the  slaveholding  States  of  North  America),  was  taken 
up;  and,  on  motion  of  Mr.  Pope,  was  made  the  special  order  of  the 
day  for  Monday  next,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Bubo,  leave  of  absence  was  granted  to  Mr.  Lan- 
drum,  on  account  of  important  profes.sional  business. 

Mr.  Ilayne  offered  the  following  resolution,  which  was  ordered  for 
consideration  on  «\Ionday  next  : 
35 


274  JOURNAL  OF  THE  CONVENTION, 

Rcsohe(J,  That  the  President,  or  in  case  of  his  death  or  absence 
from  the  State,  any  one  of  a  Committee  of  three,  now  to  be  appointed 
by  him,  be  authorized  to  call  together  this  Convention  at  such  time 
and  place  as  may  be  doomed  expedient,  whenever  the  exiyeucy  of  pub- 
lic afi'airs  or  the  welfare  of  the  State  may  require :  Frovidid,  that  if 
this  Convention  is  not  called  together  before  the  first  day  of  January, 
1862,  said  Convention  shall,  on  that  day,  stand  adjourned  nine  die. 

Mr.  Whitner  presented  the  following  report,  which  was  ordered  for 
consideration  on  Monday  next : 

The  Special  Committee  appointed  to  "  consider  and  report  whether 
any,  and  if  any,  what  measures  ought  to  be  adopted  for  the  protection 
of'suitors  and  parties  to  causes  pending  in  Court,"  under  circum- 
stances enumerated  in  the  resolution  committed,  have  had  the  same 
under  consideration,  and  respectfully  report,  that  although  great  injury 
may  result  in  a  given  case,  such  as  seems  to  be  contemplated  by  the 
resolution,  from  a  stringent  application  of  the  rules  of  the  various 
Courts  in  this  State,  yet  the  Committee  hesitate  to  enlarge  'bx  restrain 
the  discretion  of  those  entrusted  with  tlic  administration  of  justice,  by 
an  attempt  to  direct  any  specific  mode  in  which  that  discretion  shall 
be  exercised,  even  tluder  exigencies  now  existing. 

On  motion  of  Mr.  Miles,  leave  of  absence  was  granted  to  Mr.  Snow- 
den,  on  account  of  illness  on  his  plantation. 

On  motion  of  IMr.  Fair,  the  Convention  was  adjourned  at  forty-five " 
minutes  past  four  o'clock,  P.  M. 

B.  F.  ARTHUR, 

,  ■       Clcrh  of  the   Convention. 


MONDAY,  APRIL  8,  1861. 


275 


MONDAY,  APRIL  8,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
Daniel  DuPre. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Allison, 
Barron, 
Beaty, 
'  Bethea, 
Brown,  A.  II. 
Brown,  C.  P. 
Buchanan, 
Burnet, 

Cain,  •  V 

Caldwell,  • 

Calhoun, 
Cauipbejl, 
Carlisle, 
Caughman, 
Conner, 
Davant, 
Dunkin, 
DuPre, 
Easley, 
Evans, 
Fair, 
Flud, 
Foster, 
Fur  man, 
Garlington, 
Geiger, 
Glover, 

Gourdin,  R.  N. 
Gourdin,  T.  L. 
Gregg,  William 
Hammond, 


Messrs.  I^arllee, 
Harrison, 
Henderson, 
Hunter, 
*  Hutson, 
Inglis, 
Jackson, 
Jeflfcries, 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 

Kilgorc,  • 

Kinard, 
Logan, 
McCrady, 
M  elver, 
McKee, 
McLeod, 
Mauldin, 
Maxwell, 
Muzjck, 
Means, 

Middleton,  John  Izard 
Moore, 
Moorman, 
Nowcll, 
•     O'Hcar, 
Orr, 
Palmer, 
Parker, 
Penin, 


276 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Porcher, 

Quattlebauni, 

Reed, 

Rhodes, 

Robinson, 

Rowell, 

Scott, 

Sessions, 

Shingler,  J.  M. 

Sliingler,  W.  P. 

Simous, 

Simpson, 

SiiiiS, 

Smith,  J.  J.  P; 


Messrs.  Smith,  Thomas 
Spain, 
Spratt^ 
Springs, 
Timiuons, 
Townsend, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
■    Withers, 
Woods, 
Young. 


The  journal  of  Saturday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following  communica- 
tion, which,  on  motion  of  Mr.  Quattlebauui,  wasjordered  to  be  entered 
on  the  journal  : 

To  the  Hunorahlc  the  Presuhnf  and  Convention 

of  the  State  of  South  Carolina,  in  Charleston  ai^sembffd : 

Having  been  honored  by  your  body  with  an  appointment  of  Commis- 
sioner to  the  State  of  Texas,  with  instructions  to  lay  before  her  Conven- 
tion an  Ordinance  of  the  State  of  South  Carolinn,  by  which  she  dis- 
solved all  connection  with  the  Federal  Government  of  the  United 
States,  &c.,  1  beg  leave  to  report  that,  as  early  as  practicable  after  I 
received  the  intelligence,  I  repaired  to  Austin,  having  but  meagre  in- 
formation of  tl;e  political  condition  of  the  State,  or  whether  1  should 
tind  a  Convention,  authorized  to  control  her  de.«tinies,  and  able  to  over- 
come the  opposition  of  her  Executive,  who  was  known  to  entertain  in- 
veterate hostility  to  secession,  and  everything  looking  to  resistance  to 
Black  Republican  dominion  in  the  country,  and  who  had  interposed 
every  obstacle  in  his  power  to  check  the  spirit,  and  arrest  the  progress 
of  the  people,  in  their  determination  to  vindicate  the  safety  and  honor 
of  the  State. 

But  I  was  greatly  gratilied,  when  I  reached  the  .seat  of  government,  to  • 
find  in  session,  both  the  Legislature  of  the  State,  and  a  large  and  intel- 
ligent Convention  of  Delegates,  acting  in  concert,  witli  a  spirit,  wisdom 
and  patriotism,  which  I  hazard    nothing  in  saying,  would    do  honor  to 
any  State  on  the  continent. 


MONDAY,  APRIL  8,  1861.  277 

Their  Conventiou  was  the  result  of  a  spontaneous  "uprising  of  the 
people,  who  had  the  intelligence  to  understand  their  rights,  and  the 
spirit  to  maintain  them  against  every  obstacle.  They  had  in  vain  ex- 
hausted all  the  means  in  their  power,  to  induce  the  Executive  to  con- 
vene the  Legislature,  to  call  a  Convention  by  the  usual  forms  of  law. 
He  not  only  refused,  but  after  they  had  elected  delegates  to  their  Co'n- 
vention,  he  Issued  his  proclaujation  calling  the  Legislature  together,  as 
is  generally  believed,  to  defeat  the  objects  of  the  People's  Convention, 
which,  in  his  message  to  the  Legislature,  he  denounced,  and  utterly 
repudiated  its  authority  to  act. 

The  Legislature  assembled  before  the  Convention,  and  with  great 
unanimity,  by  one  of  its  first  Acts,  legalized,  as  far  as  they  could  do, 
tha  election  of  Delegates  and  tfie  authority  of  the  Convention  to  exer- 
cise the'sovereignty  and  will  of  the  People. 

As  the  Commissioner  from  the  State  of  South  Carolina,  I  was  re- 
ceived by  that  high-spirited  aud  patriotic  Convention,  in  a  manner  most 
complimentary  to  our  State,  and  gratifying  to  me,  and  was  allowed  an 
early  opportunity  to  discharge  the  duties  of  my  mission. 

In  obedience  to  the  instructions  of  your  honorable  body,  I  presented 
the  Ordinance  o'f  Secession  of  our  State,  and  other  accompanying  docu- 
ments, and  also  invited  them,  in  the  event  of  their  secession,  to  unite 
with  u.s,  and  other  seceding  Southern  States,  in  the  formation  of  a  Con- 
federacy, and  with  that  view,  to  send  delegates  to  a  Convention  to  be 
held  at  Montgomery. 

The  response  of  the  noble  State  of  Texas,  through  her  patriotic  and 
intelligent  representatives,  and  indeed,  through  the  ballot  box,  by  the 
people  themselves,  with  very  great  unanimity,  is  too  well  known  to  your 
honorable  body,  and  to  the  country,' to  require  detailed  information 
from  me.  It  is  most  gratifying  to  know,  that  with  -^her  vast  and  rich 
domain;  with  resources,  when  developed,  sufficient  for  empires  with 
millions  of  inhabitants  J  though  opposed  at  every  step  by  the  legally 
constituted  head  of  the  then  Government  of  the  State,  in  the  person 
of  her  eccentric  Executive,  and  exposed,  upon  her  entire  western  and 
northern  border  by  three  distinct  classes  of  most  unprincipled  ene- 
mies, to  wit  :  Indians,  Mexicans  and  Abolitionists,  ^he  has  had  the 
wisdom  and  the  spirit  to  cast  from  her,  forever,  the  shackles  of  an 
arrogant,  desolating  tyranny,  and  unite  her  destinies  with  those  of  the 
Confederate  States  of  the  South,  whore  I  trust  she  shall  be  estimated 
according  to  her  worth  ;  protected  as  she  evidently  deserves  to  be ;  and 


278  JOURNAL  OF  THE  CONVENTION, 

never  again  be  united,  in  any  union  whatever,  with  a  noa-slaveholding 
or  fanatical  people.  < 

All  of  which  is  respectfully  submitted. 

I  have  the  honor  to  be, 

Your  obedient  servant, 

JOHN  McQueen. 

April  bill,  1861. 

Mr!  Simons  presented  the  report  of  the  Committee  ou  Engrossed 
Ordinances,  together  with  certain  resolutions;  which  was  considered  im- 
mediately, and  was  agreed  to. 

Mr.  Simons  offered  the  following  resolution,  whicli  was  considered 
immediately,  and  was  agreed  to  :  > 

Rcsolred,  That  the  President  of  this  Convention  be  authorized  to 
draw  his  draft  on,  the  Treasury,  countersigned  by  the  Cashier,  for  the 
payment  of  the  gas  consunied  daring  the  session  of  this  Convention, 
and  also  for  the  fees  of  the  keeper  of  the  St.  Andrew's  Hall,  usual  and 

customary. 

INIr.  Simons  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  there  be  allowed  C.  D.  Melton  Esq.,  the  Solicitor  in 
attendance  on  this  Convention,  the  same  per  diem  and  mileage  as  is 
allowed  to  the  members  of  the  Convention  ;  and  that  the  President  of 
this  Convention  be  authorized  to  draw  his  draft  on  the  Treasury,  coun- 
tersigned by  the  Cashier,  for  the  same. 

Mr.  Thomas  Thomson,  from  the  Committee  on  Accounts,  made  the 
following  report,  which  was  considered  immediately,  and  was  agreed  to : 

The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
Gilbert  <fc  Darr,  for  advertising,  ask  leave  to  report,  that  they  have  no 
objection  to  the  claim  presented.  As  this,  however,  is  the  only  claim 
for  advertising  of  which  payment  is  asked,  your  Committee  arc  of 
opinion  that  such  claims,  which  may  be  numerous,  may  be,  with  pro- 
priety, referred  to  the  Legislature ;  and  recommend  the  adoption  of  the 
following  resolution  : 

Resolved,  That  accounts  for  advertising  tlie  assembling  and  reassem- 


MONDAY,  APRIL  8,  1861.  279 

bling  of  tbe  Convention,  be  referred  to  the  consideration  of  the  Legis- 
lature;  and  that  payment,  if  allowed,  be  made  according  to  the  rules 
and  practice  of  that  body. 

Mr.  Thomas  Thomson  offered  the  following  resolution,  which  was 
considered  immediately,  and  \vas  agreed  to : 

Resolved,  That  B.  S.  Baruc  be  paid,  for  engrossing  on  parchment 
the  Constitution  of  this  State,  and  materials  used,  the  sum  of  S1G8. 

On  motion  of  Mh  Duukin,  the  vote  by  which  the  report  of  the 
Committee  on  Engrossed  Ordinances,  and  the  accompanying  resolutions, 
were  agreed  to,  was  reconsidered,  and  on  motion  of  Mr.  Mclver,  the 
report  and  resolutions  were  recommitted  to  the  Committee.' 
.  An  Ordinance  to  repeal  in  part  and  alter  in  pait  the  Ordinance,  en- 
titled "  An  Ordinance  to  amend  the  Constitution  of  the  State  of  South 
Carolina,  in  respect  to  the  Executive  Department/'  was  agreed  to,  and 
was  ordered  to  be  signed  by  the  President  and  the  Clerk. 

On  motion  of  Mr.  Townsend,  the  Convention  went  into  secret  session, 
and  after  some  time  passed  therein,  the  doors  were  opened. 

On  motion  of  Mr.  A.  H.  Brown,  the  Convention  proceeded  to  the 
consideration  of  the  following  resolution  : 

Resolved,  That  the  People  of  South  Carolina,  in  Convention  assem- 
bled, cordially  approve  of  the  election  of  Jefferson  Davis  to  the  Presi- 
dency, and  Alexander  H.  Stephens  to  the  Vice  Presidency  of  the  Pro- 
visional Government  of  the  Confederate  States  of  America,  and  have 
entire  confidence  in  their  experience,  patriotism  and  ability  to  guide 
the  destinies  of  the  new  Republic. 

The  resolution  was  agreed  to. 

Mr.  Pope  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  a  copy  of  tbe.  resolution  just  passed,  expressing  our 
confidence  in  the  President  and  Vice  President  of  the  Confederate 
States,  be  forwarded  to  each  by  the  President  of  this  body. 

The  Constitution  of  the  State  of  South  Carolina  having  been  en- 
grossed, was  read  by  the  Clerk,  was  ratified,  and  was  signed  by  the 
President  and  the  Clerk. 


280  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  Townsend,  ^the  Convention  went  into 

SECRET  SESSION. 

Mr.  Townsend  offered  the  following  resolution  : 

Resolved,  As  the  opinion  of  this  Convention,  that  our  military  posts 
at  Morris'  and  Sullivan's  Island.s  ought  to  be  immediately  strengthened 
by  large  reinforcements,  and  for  this  purpose  thac  the  Governor  be  re- 
quested to  call  into  tjic  service  of  the  State,  with  as  little  delay  as  pos- 
sible, three  thousand  volunteers,  or  more,  if  deemed  necessary,  for  the 
immediate  protection  of  this  harbor. 

Mr.  Hayne  offered  the  following  amendment  : 

That  it  be  referred  to  the  Governor,  upon  consultation  with  General 
Beauregard,  to  determine  whether  there  should  not  be  an  immediate 
call  for  three  thousand  volunteers,  or  more,  if  deemed  necessary,  for  the 
immediate  protection  of  this  harbor. 

Mr.  Simons  offered  the  following  amendment  : 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  place 
the  military  operations  in  and  around  the  harbor  of  Charleston,  under 
tlie  charge  and  control  of  Brigadier  General  Beauregard,  or  whoever 
may  be  in  command  under  the  authority  of  the  Confederate  States ;  and 
be  authorized  to  place  at  his  disposal  such  portions  of  the  Division  of 
Volunteers  as  Gen.  Beauregard,  or  the  Confederate  commander,  may, 
from  time  to  time,  deem  necessary. 

Mr.  Chesnut  offered  the  following  amendment : 

Resolved,  That  this  Convention,  having  full  confidence  in  the  ability 
and  fidelity  of  the  constituted  authorities  of  this  State,  and  of  the  Gen- 
eral in  command  of  the  harbor  of  Charleston,  declines  to  direct  or  advise 
them  in  the  discharge  of  their  duty. 

Mr.  Mazyck  moved  that  the  resolutions  becoinmitted  to  the  Com- 
mittee on  the  Military. 

On  motion  of  Mr.  Kershaw,  the  motion  to  comuiit  was  ordered  to  lie 
on  the  table. 


MONDAY,  APRIL  8,  1861.  281 

Oa  motion  of  Mr.  Reed,  the  resolutions  and   the  amendments  were 
ordered  to  He  on  the  table,  and 
Mr.  Reed  offered  the  following : 

KesoUed,  That  this  Convention  approves  of  the  action  of  the  Gover- 
nor, in  placing  the  forces  for  the  military  defence  of  Charleston  under 
the  command  of  Gen.  Beauregard,  and  that  he  be  authorized  to  call 
into  the  field  immediately  such  number  of  the  Volunteer  Regiments, 
raised  under  the  Act  of  Assembly,  as  Gen.  Beauregard  may  require  for 
the  operations  under  his  control;  the  whole  force  to  be  placed  under 
the  command  of  Gen.  Beauregard,  or  such  other  general  officer  as  may 
be  ordered  to  the  same  command  by  the  autlfOrities  of  the  Confederate 
States  of  America. 

On  motion  of  Mr.  Withers,  the  consideration  of  the  resolution  was 
passed  over  for  the  present. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Withers,  the  Convention  proceeded  to  the  con- 
sideration of  an  Ordinance  ceding  the  possession  of  the  forts,  arsenals, 
&c.,  to  the  Confederate  States  of  America;  which  had  been  made  the 
special  order  of  the  day  for  thi.s  day,  at  eleven  o'clock,  A.  M. 

Mr.  J.  J.  P.  Smith  offered  the  following  amendment : 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States'  of  America 
the  use  and  occupancy  of  the  forts,  arsenals,  navy  yards,  custom 
houses  and  other  public  sites  within  the  limits  of  this  State. 

We,  the  Peojile  of  South  Carolina,  in  Convention  assemhlcJ,  do 
ordain  and  declare,  and.  it  is  hereby  ordained  and  di  dared,  hi/  the 
authority  of  the  same,  That  the  Government  of  the  Confederate  States 
of  America  is  hereby  authorized  to  occupy,  use  and  hold  possession  of 
all  forts,  navy  yards,  arsenals,  custom  houses  and  other  public  sites 
within  the  limits  of  this  State,  and  their  appurtenances,  lately  in  the 
possession  of  the  United  States  of  America,  together  with  Fort  Sumter, 
and  to  repair,  rebuild  and  control  the  same  at  its  discretion,  until  this 
Ordinance  be  repealed  by  a  Convention  of  the  People  of  this  State. 
36 


282  JOURNAL  OF  THE  CONVENTION, 

The  Ordinance  was  agreed  to,  was  ordered  to  be  engrossed,  and  to 
be  signed  by  the  President  and  the  Clerk. 

On  ujotiou  of  Mr.  Withers,  the  injunction  of  secrecy  was  removed 
from  the  Oidinance,  and  it  was 

Resolved,  That  a  certified  copy  of  the  Ordinance  to  transfer  to  the 
Government  of  the  Confederate  States  of  America  the  use  and  occu- 
pancy of  the  forts,  arsenals,  navy  yards,  custom^  houses  and  other  pub- 
lic sites  within  the  limits  of  this  State,  be  sent  to  the  President  of  the 
Confederate  States  of  America. 

Mr.  J.  J.  p.  Smith  mc^vod  to  reconsider  the  vote  by  which  the  re- 
port of  the  Committee  on  Printing,  recommending  the  printing  of  the 
reports,  resolutions  and  secret  journal  of  the  Convention,  &c.,  was 
agreed  to. 

On  motion  of  Mr.  Orr,  the  motion  to  reconsider  was  ordered  to  lie 
on  the  table. 

Mr.  Orr  offered  the  following  resolution: 

Resolved,  That  this  Convention  highly  appreciates  the  patriotic  con- 
duct of  Benjamin  Mordecai,  in  generously  making  a  donation  of  the 
sum  of  $10,000  to  the  constituted  authorities  of  South  Carolina,  to  aid 
the  State  in  maintaining  its  independence. 

Mr.  Furinan  offered  the  following  amendment,  which  was  accepted 
by  the  mover  of  the  resolution,  and  was  agreed  to : 

Resolved,  That  this  Convention  highly  appreciates  the  generosity  and 
public  spirit  of  those  citizens  and  friends  of  the  State  who  have  con- 
tributed money  and  labor  for  the  benefit  of  the  State  ;  and  take  pleas- 
ure in  noticing  particularly  the  liberality  and  patriotism  of  Benjamin 
Mordecai,  Esquire,  in  making  the  first  and  very  generous  donation. 

Mr.  Harllee,  from  the  Committee  on  the  Military,  made  a  report, 
and  reported  the  following  resolutions,  which  were  considered  immedi- 
ately, and  were  agreed  to  : 

Resolved,  that  the  Governor  be,  and  he  is  hereby,  authorized  to  com- 
mission the  officers  of  any  Volunteer  Company  which  may  be  fornjed 
in  any  of  the  Districts  adjacent  to  the  sea-coast,  for  local  service:  Fro- 
vided,  that  no  such  commission  shall  be  issued  without  the  written  con. 
sent  and  approbation  of  the  commanding  officers  of   the  liegimeut. 


MONDAY,  APRIL  8,  1861.  283 

Battalion  and  Company  respectively,  witlain  the  limits  of  which  such 
Volunteer  Company  shall  have  been  formed:  And  provided,  also,  that 
such  commissions  shall  not  continue  longer*than  ten  days  after  the  close 
of  the  next  regular  session  of  the  Lecijislature  :  Provided,  also,  that  the 
said  companies  shall  consist  of  not  less  than  thirty,  rank  and  file,  be- 
besides  commissioned  and  non-commissioned  officers. 

On  motion  of  Mr.  Harllee,  the  resolution  was  ordered  to  be  en- 
grossed, and  th'e  injunction  of  secrecy  removed. 

Mr.  Inglis  offered  the  following  resolutions,  which  were  tinanimously 
agreed  to : 

Resolved,  That  the  alacrity  with  which  the  Regiment  of  Rifles,  and 
the  several  Volunteer  Companies  of  the  city,  the  First  Regiment  of 
South  Carolina  A^olunteers,  and  the  Regiment  and  Battalion  of  enlisted 
men,  and  their  various  officers,  and  the  several  individuals  in  the  capa- 
city of  Aids  to  the  Grovernor,  Engineers  and  otherwise,  responded  to 
the  call  of  the  State  in  her  hour  of  peril  and  doubtful  fortunes  ;  the 
patient  cheerfulness  with  which  they  have  submitted  to  the  extraordi- 
nary privations  incident  to  the  suddenness  of  the  emergency;  their 
diligence  in  labors  new  and  unusual;  the  degree  of  skill,  discipline 
and  efficiency  attained  in  the  short  interval  which  has  succeeded,  and 
the  amount  of  useful  service  already  rendered,  entitle  them  all,  both 
officers  and  privates,  to  the  hearty  commendations  and  gratitude  of  the 
people,  and  justify  the  State  in  regarding  them  with  honest  pride. 

Resolved,  That  this  Convention,  on  behalf  of  the  people  of  this 
State,  repose  entire  confidence  in  the  eminent  professional  skill,  cour- 
age and  suund  judgment  of  Brigadier  General  F.  G.  T.  Beauregard, 
and  in  the  intelligent  and  efficient  cooperation  of  the  various  members 
of  his  Staff,  and  other  assistants,  military  and  naval,  and  respectfully 
tender  to  them,  and  to  the  various  forces  in  the  service,  and  individuals 
designated,  the  thanks  of  the  State  for  their  successful  efforts  thus  far, 
to  protect  the  honor  and  interests  of  the  State. 

Resolved,  That  if  Fort  Sumter  shall  fall  into  the  hands  of  our  pres- 
ent Government,  and  the  harbor  of  Charleston  should  bo  relieved  from 
all  hostile  occupation  or  obstruction,  although  without  any  actual  con- 
flict of  arms,  such  result  will  be  not  the  less  achieved  by  our  forces 
aforesaid,  and  their  wise  and  effective  operations. 

Resolved,  That  the  foregoing  resolutions  be  communicated  to  Gene- 
ral Beauregard,  with  a  request  that  he  extend   them  to  the  various 


284       JOURNAL  OF  THE  CONVENTION, 

Regiments,  Battalions  and  separate  Companies,  and  to  his  Staff  and 
assistants,  in  such  form  and  manner  as  he  shall  judge  expedient. 

On  motion  of  Mr.  Inglis,  the  injunction  of  secrecy  was  removed 
from  the  resolutions. 

Mr.  Porcher  presented  the  accounts  of  S.  Brady,  Webb  &  Sage  and 
Lambert  &  Howell ;  which  were  respectively  referred  to  the  Committee 
on  Accounts. 

The  Convention  resumed  the  consideration  of  the  resolution  (offered 
by  Mr.  Reed)  in  relation  to  the  forces  for  the  defeni;e  of  Charleston 
harbor. 

The  resolution  was  agreed  to ;  and,  on  motion  of  Mr.  Reed,  a  copy 
thereof  was  ordered  to  be  sent  to  his  Excellency  the  Governor,  and  to 
General  Beauregard  ;  and  the  injunction  of  secrecy  removed. 

On  motipn  of  Mr.  Reed,  it  was 

Orderexl,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  granted  to  Mr. 
Williams,  on  account  of  important  business. 

On  motion  of  Mr.  Orr,  leave  of  absence  was  granted  to  Mr.  Whitner, 
on  account  of  official  duties. 

On  motion  of  Mr.  Hayne,  the  Convention  proceeded  to  the  considera- 
tion of  the  following  resolution  : 

Resolved,  That  the  President,  or  in  case  of  his  death  or  absence 
from  the  State,  or  in  case  of  his  inability  to  act,  any  one  of  a  Com- 
mittee of  three,  now  to  be  appointed  by  him,  be  authorized  to  call 
together  this  Convention  at  such  time  and  place  as  may  be  deemed  ex- 
pedient, whenever  the  exigency  of  public  affairs  or  the  welfare  of  the 
State  may  require  :  Provided,  that  if  this  Convention  is  not  called 
together  before  the  first  day  of  January,  IS 62,  it  shall  on  that  day  be 
dissolved. 

Mr.  Evans  offered  the  following  amendment,  which,  on  motion  of 
Mr.  Fair,  was  ordered  to  lie  on  the  table : 

Resolved,  That  this  Convention,  to-morrow  on  its  adjournment,  be 
dissolved. 


TUESDAY,  APRIL  9,  1861.  285 

Mr.  Simons  offered  the  following  amendment,  which  was  agreed  to : 

Resolved,  That  when  this  Convention  adjourns,  it  shall  be  adjourned 
to  meet  at  such  time  and  place  as  the  President  shall  appoint,  who  is 
authorized,  if  in  his  opinion,  the  public  exigencies  shall  require,  by 
notice  under  his  hand  duly  published,  to  assemble  the  Convention  at 
any  time  before  the  first  day  of  January  ensuing;  and  that  he  appoint 
a  Committee  of  five,  a  majority  of  whom,  or  the  survivors  or  survivor 
of  such  majorit}^,  in  case  of  the  death  or  disqualification  of  the  Presi- 
dent, shall  have  like  authority  to  assemble  the  Convention,  and  appoint 
a  time  and  place  for  its  meeting;  and,  in  case  the  Convention  should 
not  be  so  assembled  before  the  first  day  of  January  ensuing,  then  this 
Convention  shall  be  dissolved. 

Mr.  Thomas  Thomson  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to : 

Resolved,  That  the  same  compensation  be  allowed  the  members  of 
this  Convention  during  its  present  sitting,  as  members  of  the  Legisla- 
ture receive;  and  that' the  President  issue  certificates  or  warrants 
therefor,  in  the  usual  form. 

On  motion  of  Mr.  Pope,  the  Convention  was  adjourned  at  thirty 
minutes  past  four  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


TUESDAY,  APRIL  9,  1961. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
D.  P.  Robinson. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 

Messrs.  Allison,  Messrs.  Barron, 
Appleby,  Beaty, 

Atkinson,  Bellinger, 

Ayer,  Bethea, 


286 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bobo, 

Brown,  A.  H. 

Buohanan, 

Cain, 

Caldwell,  ' 

Calhoun, 

Carlisle, 

Carroll, 

Caughman,  . 

Charles, 

Chesnut, 

Chaves, 

Darby, 

Davant, 

DeSaussure, 

DeTreville, 

Duncan, 

Dunkin, 

DuPre, 

Easley, 

Ellis, 

Evans, 

Fair, 

Flud, 

Foster, 

Furman, 

Garlington, 

Greiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Rammond, 

Harllee, 

Harrison, 

Hayne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 


Messrs.  Inglis, 
Ingram, 
Jackson, 
JcfFcries, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kershaw, 
Kilgore, 
Kinard, 
Kinsler, 
McCrady, 
Mclver, 
McKee, 
McLeod, 
Magrath, 
Mauldin, 
Maxwell, 
Mazyck, 
Means, 

IMiddleton,  John  Izard 
Miles, 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Orr, 
Palmer, 
^  Parker, 
Pope, 

Quattlebaum, 
Reed, 
Rhodes, 

Richardson,  J.  P. 
Robinson, 
Rowell, 
Scott, 
Sessions, 
Shingler,  J.  M. 


TUESDAY,  APRIL  9,  1861.  287 

Messrs.  Shingler,  W,  P.  Messrs.  Timmons, 

Simons,  Townsend, 

Simpson,  Wardlaw,  D.  L. 

Sims,  Wier, 

Smith,  J.  J.  P.  Williams, 

Smith,  Thomas  Wilson,  I.  D. 

Spratt,  Wilson,  J.  H.  ^ 

Springs,  Woods, 

Thomson,  Thomas  Young. 

The  journal  of  yesterday's  proceedings  was  read. 

The  President  announced  the  following  Committee,  appointed  under 
a  resolution,  to  call  the  Convention  together  in  the  event  of  the  death 
or  disqualification  of  the  President: 

Messrs.  B.  F.  Dunkin, 
1).  L.  Wardlaw, 
R.  W.  Barnwell, 
R.  B.  Rhett, 
W.  W.  Harllee. 

Mr.  Ayer  offered  the  following  resolution,  which  was  not  secpnded, 
and  was  therefore  ordered  to  lie  on  the  tnble  : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Constitution 
to  inquire,  and  if  deemed  expedient,  to  report  an  Ordinance  to  alter 
and  amend  the  Constitution  of  this  State,  in  such  manner  that  the 
number  of  representatives  shall  never  exceed  twenty  that  an}'  incor- 
porated Town  or  City,  whatever  its  population  or  wealth  may  be,  may 
elect  to  the  more  numerous  branch  of  the  Legislature. 

Mr.  Ayer  offered  the^bllowing  resolution,  which  was  not  seconded, 
and  was  therefore  ordered  to  lie  ou  the  table  : 

Resolved,  That  more  effectually  to  protect  and  render  secure  the 
political  rights  of  minorities  under  our  republican  system  of  govern- 
ment, the  Constitution  of  this  State  should  be  so  altered  and  amended 
as  to  confer  on  every  voter  in  elections  for  the  Legislature  the  privilege 
of  casting  as  many  ballots  as  his  election  district  may  be  entitled  to 
members,  and  the  privilege  of  giving,  if  he  so  chooses,  the  whole  num- 
ber of  his  votes  for  any  single  candidate,  or  dividing  them  in  such  pro- 


288  JOURNAL  OF  THE  CONVENTION, 

portions  as  he  may  see  fit  to  do  among  any  less  number  than  the  whole 
number  to  be  elected. 

Mr.  Thomas  Thomson  presented  the  report  of  the  Committee  on 
Accounts  on  the  accounts  of  S.  Brady,  Webb  &  Sage  and  Lambert  & 
Howell;  which  was  considered  immediately,  and  was  agreed  to. 

Mr.  Simons  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances,  which  was  considered  immediately,  and  was  agreed  to. 

Mr.  IJobo  stated  that  he  had  received  intelligence  that  Mr.  William 
Curtis  had  been  prevented  from  attending  this  session  of  the  Conven- 
tion on  account  of  serious  personal  injuries  received  ;  and,  on  motion 
of  Mr.  Bobo,  Mr.  Curtis  was  excused,  for  the  rea-son  assigned. 

On  motion  of  Mr.  John  Izard  Middleton,  the  Convention  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  D.  L.  Wardlaw  in  the  chair. 

Mr.  John  Izard  Middleton  offered  the  folluwing  resolution,  which 
was  agreed  to : 

liesdlvcd,  uiumimouKl^,  That  the  thanks  of  this  Convention  are  due 
and  are  hereby  tend.-red  to  lion.  1).  F.  Jamison,  for  the  courtesy,  dig- 
nity, impartiality  and  ability  with  which  he  has  discharged  his  duties 
as  its  presiding  officer. 

• 

On  motion  of  Mr.  Quattlebaum,  the  Committee  rose,  and  the  Chair- 
man reported  to  the  Convention  the  resolution  adopted  by  the  Com- 
mittee. 

The  President  said :  .  , 

Gentlemen  of  (he   Convention — 

When  first  called  upon,  by  your  kindness,  to  preside  oyer  the  gravest, 
the  ablest,  and  the  most  courteous  body  of  gentlemen  with  whom  I 
have  ever  been  as.sociatcd  in  a  political  life,  extending,  now,  to'  more 
than  twenty-five  years,  I  was  greatly  overcome  by  your  confidence,  for 
a  compliment  as  unexpected  as,  I  felt,  it  was  unmerited,  and  now  I  am 
willing  to  construe  this  renewed  expression  of  your  kindness  into  a 
tribute  of  good  intentions,  rather  than  to  good  deeds. 

By  your  acts,  during  the  twenty  days  of  your  first  session,  you  have 

_  added  more  than  one  puge  to  history  wlii'-h  will  survive ;  for  nu'ii  will 

love  to  look  on  the  opening  incidents  of  a  revolution,  conducted  with  a 

"dignity,  calmness,  propriety,  find  an  inflexible  pursuit  of  right,  which  has 

few  examples  in  past  times. 


TUESDAY,  APIUL  9,  1861.  289 

Within  the  brief  interval  of  less  than  three  months  between  your 
first  session  and  this,  many  striking  incidents  have  been  crowded, 
which  might,  also,  *beconie  history;  but  the  doubts,  fears,  struggles, 
anxieties,  and  hopes  deferred,  and  then  the  gradual  increase  of  confi- 
dence from  increased  sfrength  and  resources,  are  only  fully  known  to 
the  few,  who  acted  the  chief  part  in  the  trying  scenes  of  this  winter ; 
and  they,  if  they  could,  probably  will  not  write  its  history. 

This  revolution,  so  far,  has  been  bloodless.  What  a  glorious  con- 
summation it  would  have  been  !  What  a  triumph  of  civilization  and 
Christianity,  if  the  great  principles  involved  in  this  movement  could 
have  been  successfully  achieved,  Avithout  shedding  a  single  drop  of  hu- 
man bloud  !  But  now  it  seems  to  be  otherwise.  While  I  am  yet 
speaking,  a  hostile  fleet  is  said  to  be  approaching  our  shores,  and  before 
the  coming  night  closes  over  us,  the  sands  of  Morris  Island  may  be 
stained  with  the  best  blood  of  our  people.     May  God  show  the  right ! 

I  congratulate  you,  gentlemen,  at  the  close  of  your  labors,  on  the 
adoption  of  a  Constitution  which,  I  trust,  will  be  found  little  less  than 
perfect  There  are,  I  admit,  clauses  and  omissions  which  render  it 
much  less  acceptable  to  me,  but  1  am  far  from  attaching  as  great  im- 
portance to  any  written  Constitutions  as  many  appear  to  do.  Written 
Constitutions  are  but  as  landmarks  to  point  out  the  route  to  be  fol- 
lowed ;  and  all  experience  of  the  past  most  clearly  demonstrates  that  a 
Government  will  be  just  suited  to  the  capacities,  genius  and  character 
of  a  people,  and  it  will  be  either  free  or  despotic,  as  the  people  them- 
selves will  be  found  to  deserve  the  one  form  or  the  other.  Why,  it 
may  be  asked,  is  it,  that  the  civilization  of  the  Eastern  nations  of  the 
Semitic  race  has  been  so  unproductive  of  results  beneficial  to  contem- 
poraneous or  subsequent  times? — that  we  hold  of  them  no  literature, 
uo  law,  no  principle  of  government  or  social  amelioration  ?  It  is  be- 
cause their  government  was  a  stern  despotism,  which  interposed  an  im- 
measurable distance  between  the  throne  and  the  people  ;  and,  it  may 
be  added,  because  their  religion  was  a  gloomy  and  degrading  supersti- 
tion, which  bowed  down  to  the  creature  instead  of  to  the  Creator.  Where 
is  the  British  Constitution  written?  Not  on  paper,  but  in  the  tradi- 
tions and  memories  of  the  dominant  portion  of  a  race  who,  through 
a  thousand  years  of  trial  and  suflTering,  vindicated  their  rights 
to  a  liberal  Government.  Where  is  the  Constitution  of  the  French 
to  be  foand  ?  Not  in  Jacobin  Clubs,  nor  in  the  romanesque 
reveries  of  Vergniaud,  Madame  Roland  and  BriiNSot  de  Warville  ;  not 
in  the  "  Three  Days  of  July,"  nor  in  the  fanciful  theories  of  Lamar" 
37 


290  JOURNAL  OF  THE  CONVENTION, 

tine,  and  in  his  impracticable  doctrines  of  "  Liberty,  Equality,  and 
Fraternity,"  but  in  the  will  of  an  absolute  monarch,  who  preserves  or- 
der and  restrains  insurrection  by  half  a  million  of  armed  men.  Where 
did  Black  Kepublicanism  get  its  teachinjrs  ?  Not  from  the  Constitu- 
tion of  the  United  States,  but  from  the  doctrines  of  a  "  Higher  Law" 
and  an  Irrepressible  Conflict. 

If,  therefore,  we  are  wise,  if  we  are  virtuous,  if  we  are  true  to  our- 
selves, the  Constitution,  which  we  have  adopted,  will  last  for  genera- 
tions to  come.  If  we  arc  not,  no  written  Constitution,  howpver 
guarded,  will  avail  us  long. 

Permit  me,  now,  gentlemen,  at  tliis  parting  moment — and  we  part 
at  a  moment  of  unconjecturable  events — to  ofl["er,  to  each  of  you,  my 
best  wishes  for  your  present  and  future  welfare;  and  to  repeat  my 
profound  thanks  for  all  your  conlideuce  and  kindness. 

On  motion  of  Mr.  Pope,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  proceeded  to  the  consideration  of  the  following  reso- 
lution : 

Jiesolccd,  That  iu  case  a  vacancy  shall  arise,  from  any  cause,  in  the 
Delegation  from  this  State  to  the  Provisional  Congress  of  the  Con- 
federate States  of  America,  the  Governor  of  this  State  be,  and  he  is 
heroby,  authorized  to  supply  such  vacancy  by  appointment,  should  he 
think  lit. 

Mr.  Miles  offered  the  following  amendment,  which  was  agreed  to: 

Resolved,  That  in  case  a  vacancy  shall  arise  from  any  cause,  iu  the 
delegation  from  this  State  to  the  Provisional  Congress  of  the  Confed- 
erate States  of  America,  and  in  case  the  Convention  should  not  then  be 
in  session,  the  President  of  this  Convention,  or  in  case  of  his  death  or 
disqualification,  the  Committee  of  five  who  have  been  empowered  in  a 
certain  contingency  to  reassemble  the  Convention,  be  authorized  to  fill 
such  vacancy  by  appointment. 

Mr.  Bobo  offered  the  following  amendment,  which  was  agreed  to : 

Provided,  The  appointment  be  made  of  .some  person  residing  in  u 
Congressional  District  not  already  represented  iu  the  Congrcsd. 


TUESDAY,  APRIL  9,  1861.  291 

The  resolution,  as  amended,  was  agreed  to. 

Mr.  Simons,  from  the  Committee  on  Engrossed  Ordinances,  made 
the  following  report,  which  was  considered  immediately,  and  was 
agreed  to : 

The  Committee  on  Engrossed  Ordinances  beg  leave  to  report,  that 
the  following  Ordinances  and  Resolutions  referred  to  them,  have  been 
duly  engrossed  and  ratified  by  the  signature  of  the  President,  and  the 
attestation  of  the  Clerk  of  the  Convention,  to  wit :  ' 

1.  An  Ordinance  to  fatify  the  Constitution  of  the  Confederate 
States  of  America. 

2.  The  Resolutions,  suggesting  amendments  thereto. 

3.  An  Ordinance  to  amend  "  An  Ordinance  concerning  Citizenship." 

4.  An  Ordinance  to  repeal  sundry  Ordinances,  and  to  alter  the  fourth 
Article,  and  sundry  sections  of  the  Constitution. 

5.  An  Ordinance  to  alter  the  tenth  section  of  the  first  Article  of  the 
Constitution  of  the  State  of  South  Carolina,  and  the  amendment 
thereof,  ratified  the  twenty-eighth  day  of  January,  one  thousand  eight 
hundred  and  sixty-one ;  also,  to  alter  the  tenth  section  of  the  amend- 
ments ratified  on  the  seventeenth  day  of  December,  eighteen  hundred 
and  eight,  and  likewise  the  second  clause  of  the  eleventh  Article  of  the 
Constitution  aforesaid. 

6.  An  Ordinance  to  ratify  the  Provisional  Constitution  and  Govern- 
ment of' the  Confederate  States  of  America. 

7.  An  Ordinance  to  repeal  in  part  and  alter  in  part  the  Ordinance 
entitle^  "  An  Ordinance  to  amend  the  Constitution  of  the  State  of  South 
Carolina,  in  respect  to  the  Executive  Department." 

8.  An  Ordinance  to  transfer  to  the  Government  of  the  Confederate 
States  of  America,  the  use  and  occupancy  of  the  forts,'  arsenals,  navy- 
yards,  custom-houses,  and  other  public  sites  within  the  limits  of  this 
State. 

9.  A  Resolution  to  provide  for  the  transfer  of  arms,  ordnance,  and 
munitions  of  war,  by  this  State  to  the  Government  of  the  Confederate 
States  of  America. 

10.  A  Resolution  to  provide  for  the  transfer  of  the  regular  enlisted 
troops  of  this  State  to  the  (jovernmcnt  of  the  Confederate  States. 

11.  Resolutions  to  provide  for  tendering  a  volunteer  force  to  the 
Confederate  States. 


292  JOURNAL  OF  THE  CONVENTION, 

12.  A  Eepolution  authorizing  the  Governor  to  commission  officers  of 
YoluntPcr  Companies  in  certain  cases. 
All  of  which  is  respectfully  submitted, 

THOMAS  Y.  SIMONS, 

Chairman. 

The  Convention  proceeded  to  the  consideration  of  the  report  of  the 
Committee  appointed  to  ascertain  and  report  how  much  of  the  legisla- 
t\pu  of  Congress  had  been  abrogated  by  the  secession  of  the  State,  and, 
on  motion  of  Mr.  Chesnut,  the  report  was  ordered  to  lie  on  the  table. 

Mr.  John  Jenkins  stated  that  Mr.  G.  W.  Seabrook  had  been  pre- 
vented from  attending  the  present  session  of  the  Convention  by  sick- 
ness and  death  in  his  family ;  and,  on  motion  of  Mr.  Jenkins,  Mr. 
Seabrook  was  excused,  for  the  reason  assigned. 

On  motion  of  .^Ir.  l)eTreviIle,  it  was  ordered,  that  when  the  Conven- 
tion adjourns,  it  &hall  be  adjourned  to  meet  to-murrow  at  eleven  o'clock, 
A.  M. 

The  I'resident  stated  that  Mr.  F.  J.  Porcher,  Cashier,  and  Mr.  B. 
n.  Kutledge,  Deputy  Cashier,  were  prevented  from  attending  the 
Convention  by  their  military  engagements;  and  the  President  an- 
nounced that  Mr.  T.  M.  Hanckel  is  appointed  Deputy*Cashier  of  the 
Convention. 

Mr.  Chesnut  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

liesfjlccd,  That  this  Convention  having  disposed  of  all  tiie  business 
before  them,  a  Committee  of  three  be  appointed  to  visit  the  Governor 
and  Commander  of  the  Forces  in  the  harbor  of  Charleston,  and  invite 
them  to  make  such  communication  to  the  Convention  as  they,  or  cither 
of  them,  may  deem  expedient. 

Whereupon,  the  President  appointed  the  following  gentlemen,  of  the 
Committee : 

Messrs.  James  Chesnut,  Jr., 
I.  W.  Ilayne, 
Langdon  Clieves. 

On  motion  of  Mr.  Evan.s,  Ifave  of  absence  was  granted  to  Mr. 
Harllee,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  D.  L.  Wardlaw,  leave  of  absence  was  granted  to 
Mr.  Johnson,  on  account  of  pressing  engagements. 


WEDNESDAY,  APRIL  10,  1861. 


293 


On    motion   of  IMr.   Chevcs,  leave  of  absence  was  granted  to  Mr. 
Rhodes,  on  account  of  urgent  donjestic  affairs. 

On  motion  of  Mr.  13obo,  leave  of  absence  was  granted  to  Mr.  Foster, 
ou  account  of  military  duties. 

On  motion,  the  Convention  was  adjourned  at  two  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention.     ' 


WEDNESDAY,  APRIL  10,  1861. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  tho 
Rev.  J.  M.  Timnions. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Beaty, 
Bellinger, 
Bethea, 
Bobo, 

Brown,  A.  II. 
Buchanan, 
Cain, 
Caldwell, 
Calhoun, 
Carlisle, 
Carroll, 
Caughraan, 
Charlea, 
Chcsnut, 
Chcves, 
Clarke, 


^Messrs.  Darby, 
Davant, 
DeSaussure, 
DeTreville, 
Dunkin, 
DuPre, 
PLnsley, 
Ellis, 
Fair, 
Flui 

Garlington, 
Geiger, 
Gist, 
Glover, 

Gourdin,  R.  "N. 
Gourdin,  T.  L. 
Hammond, 
Ilanckel, 
Ilarrison, 
Ilayne, 
Henderson, 
Honour. 


294 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Ilanter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Jenkins,  J.  E. 
Kilgore, 
Kinard, 
Kinsler, 
McCrady,    • 
Mclver, 
McKce, 
Mauldin, 
Maxwell, 
Means, 

Middlcton,  J.  I. 
Middlcton,  Williams 
Miles, 
Moore, 
Moorman, 
Orr, 
Palmer, 
Parker, 


Messrs.  Perrin, 
Pope, 

Quattlebaum, 
Reed, 
Robiusoa, 
Howell, 
Scott, 

Shingler,  J.  M. 
Slangier,  W.  P. 
Simons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Spratt, 
Springs, 

Thomson,  Thomas 
Timmons, 
Townscnd, 
Wardlaw,  D.  L. 
Wier, 

Wilson,  J.  II. 
Woods, 
Young. 


The  journal  of  yesterday's  proceedings  was  read. 

The  President  laid  before  the  Convention  the  following  communica- 
tion, which,  on  motion  of  3Ir.  Reed,  was  ordered  to  be  entered  on  the 
journal: 

Headquarters  Provisional  Forces, 
Charleston,  South  Carolina, 
lion.  D.  F.  Jamison,  President  of  the    Convention, 

IStatc  of  South  Carolina  : 
Sir:  I  had  the  honor  this  morning  of  receiving,  through  a  Com- 
mittee of  your  State  Convention,  its  resolutions,  expressing  conlidenco 
in  my  professional  skill,  courage  and  sound  judgment,  and  in  the  effi- 
cient cooperation  of  the  several  members  of  my  staflF,  and  other  assist- 
ants, military  and  niival,  and  tendering  to  the  individuals  designated 
and  to  the  various  forces  in  the  service,  the  thanks  of  the  State  for 


WEDNESDAY,  APRIL  10,  1861.  295 

their  successful  efforts  thus  far,  in  protecting  the  honor  and  interests 
of  the  State.* 

Allow  me,  sir,  through  you,  to  thank  the  honorable  body  over  which 
you  preside,  for  this  evidence  of  their  kindness  to  myself  and  assist- 
ants, and  to  the  forces  under  my  orders.  1  feel  highly  gratified  that 
in  so  short  a  time  it  has  been  my  good  fortune  to  meet  your  approba- 
tion in  the  discharge  of  my  official  duties,  and  it  is  a  source  of  prid» 
for  me  to  state  that  I  feel  much  indebted  for  the  expression  of  your 
resolutions  to  the  active  and  willing  cooperation  of  every  one  under 
my  command.  Never  have  I  seen  a  more  universal  exhibition  of  de- 
termination and  self-denial  on  the  part  of  individuals  for  the  promotioft 
of  any  cause,  than  that  of  the  forces  under  my  command  for  the  ac- 
complishment of  the  great  object  we  have  in  view.  Encouraged  by 
the  great  trust  imposed  in  them,  I  can  confidently  express  the  hope 
that  all  under,  my  command  will  continue  to  merit  your  approbation. 
It  will  be  my  pleasure  to  communicate  to  the  troops  and  others  under 
my  orders,  the  substance  of  your  flattering  resolutions.  , 
I  am,  sir,  very  respectfully. 

Your  obedient  servant, 

P.  G.  T.  BEAUHEGAPtD, 

Brigadier  General  Commanding. 

Mr.  Inglis  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  tmanimously  agreed  to  : 

Resclved,  That  in  the  resolutions  of  commendation  and  thanks  to 
the  organized  forces  and  individual  officers  employed  in  the  military 
and  naval  service  of  the  State,  it  was  the  purpose  of  the  Convention 
to  have  expre.<ssed,  as  was  felt,  the  sentiments  therein  conveyed  towards 
all  the  various  organized  bodies  of  men  and  individuals  who  had  been 
employed  ;  and  if,  owing  to  our  want  of  acquaintance  with  the  precise 
relations  existing  among  the  bodies  and  individuals,  the  terms  of  the 
resolutions  proved  not  large  enough  to  have  embraced  them  all,  it  would 
be  unjust  to  this  Convention,  and  to  those  omitted  an  occasion  of  pro- 
found regret,  that  such  omission  should  be  supposed  to  have  been 
designed. 

Kruf/hrdj  That  the  commanding  General  be  requested,  in  communi- 
cating the  said  resolutions,  to  state  that  under  the  terms  used  by  the 
State  Convention,  it  was  its  purpo.se  to  express  its  just  appreciation  of 
the  patriotism  and  zealous  devotion  to  the  cause  of  the  State  of  all  the 


296       JOURNAL  OF  THE  CONVENTION, 

men  and  officers,  in  whatever  department  of  the  service — volunteers  or 
regulars,  regiments,  battalions  or  coinpauies. 

]Mr.  Reed  offered  the  following  resolutions,  which  were  agreed  to : 

Remlvid,  That  the  patriotic  devotion  and  loyalty  exhibited  by  Bre- 
vet Major  General  David  E.  Twigg?,  late  of  the  United  States  Army, 
fo  the  rights  and  interests  of  the  South,  by  resigning  his  commission 
and  turning  over  the  public  property  under  his  control  to  the  authori- 
ses of  the  State  of  Texas,  upon  its  secession  from  the  Union,  emi- 
nently entitles  him  to  the  gratitude  of  the  Confederate  States  of 
America ;  and  the  thanks  of  the  people  of  South  Carolina  are  hereby 
most  cordially  tendered  to  him. 

Resolved,  That  a  copy  of  the  foregoing  resolution  be  communicated 
to  General  Twiggs  by  the  President  of  this  Convention. 

Mr.  Chesnut  presented  the  following  report,  which  was  considered 
immediately,  and  was  agreed  to  : 

The  Committee  appointed  to  visit  his  Excellency  the  Governor  and 
the  Commander  of  the  Forces,  beg  leave  to  report  that  they  have 
waited  on  these  gentlemen,  ajd  are  informed  that  the  provisions  al 
ready  made  by  the  Convention  are  deemed  by  them  adequate  to  ^1 
probable  emergencies,  and  that  they  have,  therefore,  no  further  commu- 
nication to  submit.  9 

Mr.  Simons  moved  that  the  Convention  do  now  adjourn,  subject  to  the 
provisions  of  the  resolution  heretofore  agreed  to;  and  the  qucstiou  being 
put,  will  the  Convention  agree  thereto  ?  it  passed  in  tlie  atlirmative  : 

Yeas,    C>2  ;    nays,  32. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 

lion.  D.  F.  Jamiso.n,  President;  and 

Messrs.  Allison,  Messrs.  Bellinger, 

Appleby,  Bethea, 

Atkinson,  Calhoun, 

Ayer,  Carlisle, 

Barron,  Carroll, 

Barton,  Caughman, 

Beaty,    ,  Cheves, 


WEDNESDAY,  APRIL  10,  1861. 


297 


Messrs.  Davant, 

DcSaussurc, 
Duncan, 
DuPre, 
Easley, 
•       Ellis, 

Garlington, 

Geiger, 

Hammond, 

Harrison, 

Hwyne, 

Henderson, 

Honour, 

Hunter, 

Hutson, 

Jackson, 

Jelferies, 

Jenkins,  J.  E. 

Kilgore, 

Kinard, 

McLeod, 

Majrrath, 

Mauldin, 

Maxwell, 


Messrs.  Mazyck, 
Means, 
Moore, 
Orr, 
Palmer, 
Parker, 
Reed, 
Robinson, 
Rowell, 
Scott, 

Shingler,  J.  M. 
Shiuolcr,  W.  P. 
Simons, 
Sims, 

Smith,  Thomas 
Spratt, 
'  Springs, 
Thomson,  Thomas 
Timmons, 
Wier, 

Wilson,  J.  H.       ' 
Woods, 
Young. 
f 


Those  who  voted  in  the  negative,  are 


Messrs.  Bobo, 

Brown,  A.  H. 
Buchanan, 
Cain, 
Caldwell, 
Clarke, 
Darby, 
DcTreville, 
Fair, 
Flud, 
FuTman, 
Gist, 
Glover, 
8b 


Messrs.  Gourdin,  II.  N. 
Hanckel, 
Inglis, 
Kinsler, 
McCrady. 
McKee, 

Middlcton,  J.  Izard 
Middleton,  W. 
Miles,        » 
Moorman, 
Nowoll, 
O'Hear, 
Pope, 


298       JOURNAL  OF  THE  CONVENTION. 

Messrs.  Quattlcbaum,  Jlessrs.  Smith,  J,  J.  P. 

Richardson,  J.  P.  Townsend, 

Simpson,  Wardlaw,  D.  L. 

So  the  motion  was  agreed  to;  and  the  Convention  was  adjourned  in 
accordance  with  the  provisions  of  the  resolutions. 

J3.  F.  ARTHUR, 

Clerk  of  the  Convention. 


•      -^^ 


PROCLAMATION. 


STATE  OF  SOUTH  CAROLINA : 

Know  all  Men  hy  these  Presents,  That  I,  D.  F.  Jamison,  President 
of  the  Convention  of  the  People  of  South  Carolina,  assembled  pursu- 
ant to  an  Act  of  the  General  Assembly,  passed  on  the  thirteenth  day. 
of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  and  which  adjourned  on  the  tenth  day  of  April,  one  thousand 
eight  hundred  and  sixty-one,  by  virtue  of  the  authority  vested  in  me 
by  the  said  Convention,  do  hereby  convoke  the  same ;  and,  by  these 
presents,  do  herewith  summon  the  members  of  the  said  Convention  to 
reassemble  at  Columbia,  in  the  State  aforesaid,  at  twelve  o'clock,  M., 
on  the  twenty-sixth  day  of  December  next. 

Given  under  my  hand,  at  Burwood,  Barnwell  District,  this  four- 
teenth day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-one. 

D.  F.  JAMISON, 
^  President  of  the   Convention. 

Attest :  B.  F.  Arthur,  Clerk. 


« 


THIRD    SESSION. 


THURSDAY,  DECEMBER  26,  1861. 

Parsuant  to  the  I'roclamation  of  the  President  of  the  Convention 
issued  on  the  fourteenth  day  of  December,  one  thousand  eight  hundred 
and  sixtj-one,  the  Convention  of  the 'People  of  South  Carolina  re- 
assembled  in  the  Hall  of  the  House  of  Representatives,  in  the  City 
of  Columbia,  on  this  day,  at  twelve  o'clock,  M. 

The  President  took  the  chair,  and  the  proceedings  were  opened  with 
prayer  by  Rev.  T.  R.  English;  after  which,  the  Clerk  called  the  roll, 
and  the  following  Delegates  answered  to  thetr  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barron, 
Barton, 
Brown,  A.  H. 
Buchanan, 
Cain, 
Caldwell, 
Carlisle, 
•       Carroll, 
Caughman, 
Cauthen, 
Curtis, 
Davant, 
DeSaussare, 
Dunkin, 

Dunovant,  R.  O.  M. 
DuPro, 
Enplifih, 


Messrs.  Fair, 

Finley, 

Flud, 

Forster, 

Gad  berry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  Maxcy 

Gregg,  William 

Grisham, 

Harrison, 

Hayne, 

Henderson, 

Hopkins, 

Hutson, 


302 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Jenkins,  John 
Keitt, 
Kilgorc, 
Kiuard, 
Kinsler, 
Lawton, 
Lewis, 
McCrady, 
Maxwell, 
Mayes, 

Middletou,  John  Izard 
Middleton,  Williams 
Noble, 
No  well,' 
O'Hear, 
Palmer, 
Parker, 

A  quorum  of  the  Convention 
On  motion  of  Mr.  Keitt,  the 
morrow  at  ten  o'clock,  A.  M. 


Messrs.  Pope, 

Quattlebaum, 

Eaiuey,  • 

Khodcs, 

Scabrook,  E.  M. 

Seabrook,'G.  W. 

iShintrler,  J.  M. 

Shingler,  W.  P.    . 

Smith,  J.  J.  P. 

Springs, 

Stakes, 

Tinimons, 

Tompkins, 

Townscnd, 

Williams, 

Wilson,  W.  B. 

Young. 

not  being  present, 

Convention  was  adjourned  to  meet  tb- 

B.  F.  AllTHUR, 

Clerk  of  the   Convention. 


FRIDAY,  DECEMBER  27,  18G1. 

At  fho  hour  to  which  the  Convention  was  adjourned,  the  President 
look  the  chair,  and  addressed  the  Convention  as  follows : 

Before  your  adjournment,  on  the  10th  of  April  last,  you  devolvej  on 
me  the  very  responsible  duty  of  calling  you  together,  whenever,  in  my 
judgment,  the  public  exigencies  should  require  it.  1  have  seldom  been 
j)laced  in  a  situation,  where  the  responsibilities  attending  it  have 
weighed  more  heavily  upon  me  than  ift  the  discharge  of  this  duty. 

While,  on  the  one  hand,  I  felt  that  it  might  be  expected  of  me,  in 
reassembling  a  body  which  brought  again  into  active  exercise  the  sov- 
ereign authority  of  the  State,  that  I  should  be  able  to  indicate  certain 


FRIDAY,  DECEMBER  27,  1861.  303 

specific,  remedial  measures  for  the  difficulties  and  perils  that  surround 
us  ;  yet,  on  the  other  hand,  I  was  conscious  that  there  were  great  ques- 
tions likely  to  arise  out  of  the  critical  position  of  our  affairs,  which 
could  only  be  met  and  solved  by  a  body  of  representative  men  from  all 
parts  of  the  State,  selected  for  their  supposed  qualifications  for  a  time 
of  revolution,  wlio,  while  they  could  exercise  supreme  power,  possessed 
the  entire  confidence  of  the  people  of  South  Caroliaa. 

Within  the  last  two  months  our  soil  has  been  invaded  by  a  hostile 
force,  and  our  enemies  are,  at  this  moment,  in  possession  of  a  portion 
of  the  wealthiest  and  best  part  of  our  seaboard.  Apart  from  the  serious 
loss,  resulting  from  this  inrasion,  to  a  large  number  of  our  citizens,  a 
question  of  great  moment  may  arise,  what  shall  be  done  with  the  slave 
population  wliich  have  come  in  contact  with  abolitionism. 

At  one  time  it  was  a  question  of  great  imminence — but  I  trust  that 
danger  is  now  wholly  past — what  should  be  done  with  our  metropolis,  if 
it  were  likely  to  fall  into  the  hands  of  the  enemy. 

Besides,  if  the  present  condition  of  things  last,  it  might  happen — the 
great  body  of  our  people  being  in  the  field — that  the  next  fall  elections 
might  be  suffered  to  go  by  default,  and  the  State  would  then  be  left 
without  an  organized  government. 

AVeighty  as  these  and  other  reasons  were,  which  operated  on  my 
mind,  they  were  not  sufficient  to  decide  my  action  in  reassembling 
you.  When  you  adjourned  in  April  last,  the  condition  of  the  country 
was  involved  in  uncertainty  and  danger,  and  you  prolonged  your  exist- 
ence for  eight  months.  The  perils  which  now  threaten  the  State,  are 
of  a  far  graver  character  than  they  seemed  to  any  of  us  at  the  period 
of  your  last  adjournment;  and,  therefore,  I  felt  fully  assured  that  if 
you  had  been  in  session  at  the  time  when  you  were  summoned  to  meet 
here,  that  you  would  not  have  limited  youi:  existence  to  the  term  you 
before  prescribed. 

Influenced  by  such  convictions,  I  was  unwfUing  to  a8.«ume  the  res- 
ponsibility of  permitting  you  to  be  dissolved.  I  have  therefore  called 
yu  together  "for  the  purpose  of  taking  into 'consideration  the  dangers 
incident  to  the  position  of  the  State,  and  to  take  care  that  the  Com- 
monwealth "of  South  Carolina  shall  suffer  no  detriment,"  or,  to  fix  such 
further  time  for  the  dissolution  of  this  body,  as  in  your  judgment  may 
be  deemed  best. 

The  proceedings  were  opened  with  prayer  by  Rev.  William  Curtis; 


304 


JOURNAL  OF  THE  CONVENTION, 


after  uhich  the  Clerk  called  the  roll,  and  the  following  Delegates  an- 
swered to  their  names: 


Messrs.  Allison. 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
Betliea, 
Bobo, 
Brabham, 
Brown,  A.   II. 
Brown,  C.  P. 
Buchanan, 
Burnet, 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Caughman, 
Cauthen, 

Charles,  * 

Chesnut, 
Clarke, 
Curtis, 
Darby, 
Davant, 
DeSaussure, 
DeTrcville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
Dunovant,  R.  G.  M. 
DuPre, 
English, 
Evans, 
Fair, 
Fiuley, 


Messrs.  Flud, 

Forster, 
Furujan, 
Gadberry, 
Garlington, 
Gcigcr, 
Gist, 
'  Glover, 
Goodwin, 
Gourdin,  II.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  Maxcy 
Gregg,  William 
Grisham, 
Hammond, 
Hanckel, 
Harrison, 
Hayne, 
Henderson, 
Hopkins,' 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
J  cfl'eries, 
Jenkins,  John 
Kcitt, 
Kilgore, 
Kiuard, 
Landrum, 
Law  ton, 
McCrady, 
M  elver, 
McKee, 
McLeod^ 


FRIDAY,  DECEMBER  27,  1861. 


305 


Messrs.  Magrath, 
Maaigault, 
Mauldiii, 
Maxwell, 
Mayes, 
Mazyck. 
Means, 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
jMoovmao, 
Noble, 
Nowcll, 
O'Hear, 
Palmer, 
Parker, 
Perria, 
Pope, 
Porchqr, 
Quattlcbaum, 
Jlainey, 
Reed, 
Rhodes, 
Robinson, 
Rowell, 
Scott, 


Messrs.  Seabrook,  E.  M. 
Seabrook,  G.  W. 
Sessions, 
Shingler,  J.  M. 
Sbiooler,.W.  P. 
Simons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
»  Snowden, 
Spain, 
Spratt, 
Springs, 
•    Stokes, 
Thompson,  R.  A. 
Timmons, 
Tompkins, 
Watinamaker, 
Wardlaw, 
Whitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Youncr. 


The  journal  of  yesterday's  proceedings  was  read. 

The  President  announced  that  Mr.  C.  H.  DeLorme  is  appointed 
Messenger,  and  Mr.  S.  Waddell  is  appointed.  Door-keeper  of  the  Con- 
vention. 

The  President  presented  to  the  Convention  the  following  communi- 
cation : 

Charleston,  December  24,  1861. 
Hon.  r>.  F.  Jamison,    - 

President  of  Convention  of  South  Carolina  : 
Dear  Sir  :  I  greatly  regret  that  circumstances,  grow-ng  out  of  the 
late  conflagration   iu  thi.s    city,   will  prevent  me  from  attending  the 
uiecliiig  of  the  OuQVuuUuu. 


30C     .  JOrBNAL  OF  THE  CONVKNTION,    . 

May  1  ask  the  favor  of  you  to  comniuiikate  the  -  reason   of  niy  non- 
aiteudance,  and  aek'for  lue  leave  of  absence,  aud  much  oblige, 
Very  respectfully,  your  obedient  servant, 

JNO.  II.  HONOUR. 

• 

On  motion  of  Mr.  Magralh,  leave  of  :  bscnce  was  granted  to  Mr. 
Honour. 

Mr.  George  Boswell,  Delegate  from  Edgefield,  elected  to  fill  the  va- . 
cancy  occasioned  by  the  death  of  Mr.  F.  11.  AVardlaw,  appeared  at  the 
Clerk'e  desk,  produced   his  credentials,  signed  the   roll,  and  took'hia 
seat. 

Mr.  John  S.  Preston,  Delegate  from  Kichland,  elected  to  fill  the 
vacancy  occasioned  by  the  death  of  Mr.  J!  U.  Adams,  appeared  at  the 
Clerk's  desk,  prciduced  his  credentials,  signed   the  roll,  and  took  his 
seat. 

Mr.  Quattlebaum  offered  ihe  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to: 

Wlnrai.'!,  The  contract  for  Printing,  by  Messrs.  Evans  and  Cog.s- 
well,  was  confined  to  the  sittings  of  the  Convention' while  held  in 
Charleston  : 

Be  it  R(solued,  That  it  be  now  referred  to  the  Committee  on  Print- 
ing, to  receive  proposals  for  printing  the  proceedings  of  the  Convention 
while  the  sittings  thereof  shall  be  held  iu  Columbia;  and  that  they 
report  thereon  as  early  as  practicable. 

On  motion  of  Mr.  Dunkin,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  Hayne  offered  the  following  resolution  : 

Resolveil,  That  the  following  Special  Committees  be  raised  : 
Special  Committee  Nu.  1,  wliich  shall  be  charged  with  devising  and 
reporting  a  scheme  of  action  in  relation  to  slaves  in  the  possession  or 
under  the  influence  of  the  enemy  on  the  seaboard,  and  in  rebition  to 
those  slaves  likely  to  become  so. 

Special  Cummiftee  Nu.  2,  which  shall  be  charged  with  con.sidcring 
and  reporting  upon  the  proper  action  of  tlie  State  in  case,  at  any  time, 
further  valuable,  portions  of  our  territory  should  be  pronounced  untena- 
ble by  the  military  authorities. 


FRIDAY,  DECEMBER  27,  1861.  307 

Special  Committee  Jio.  3,  which  shall  be  charged  with  considering 
and  reporting  the  means  by  which  the  State  can  afford  most  ready  and 
efficient  aid  to  the  Confederate  authorities  in  expelling  the  invaders 
from  our  borders. 

Special  CommiUee  No.  4,  which  shall  be  charged  with  devising  and 
reporting  a  plan  for  building  or  procuring  war  vessels  for  harbor  and 
coast  defence. 

Special  Committee  No.  5,  which  shall  be  charged  with  devising  tind 
reporting  a  plan  for  strengthening,  during  the  exigencies  of  the  war, 
the  Executive  Department,  by  giving  to  the  Gove-nor  a  Cabinet,  for  pur- 
poses of  consultation  and  performance  of  administrative  functions. 

On  motion  of  Mr.  McCrady,  the  question  tipon  the  adoption  of  the 
various  clauses  of  the  resolution  was  divided. 

Mr.  Maxcy  Gregg  moved  that  the  first  section  of  the  resolution  ^be 
referred  to  the  Committee  on  the  Military  ;  which  motion  was  not 
agreed  to. 

The  first  section  was  agreed  ko. 

The  second  section  was  agreed  to. 

Mr.  loglis  moved  to  amend  the  third  clause,  so  as  to  read, 

"  That  the  Committee  on  the  Military  be  charged  with  considering 
and  reporting  the  means  by  which  the  State  can  afford  most  ready  and 
efficient  aid  to  the  Confederate  authorities,  in  expelling  the  invaders 
from  our  borders ; "   which  motion  was  not   agreed  to. 

The  third  clause  was  agreed  to. 

The  fourth  clause  was  agreed  to. 

Mr.  J. J.  P.  Smith  moved  that  the  fifth  clause  be  amended  by  strik- 
ing out  the  words,  "  by  giving  to  the  Governor  a  Cabinet  for  purjjoses 
of  consultation  and  performance  of  administrative  functions." 

The  amendment  was  accepted  by  the  mover  of  the  resolution,  and 
the  clause  a.s  amended  wns  agreed  to. 

On  motion  of  Mr.  Hayne,  it  was  resolved  fhat  Special  Committee 
No.  1  consist  of  seven  persons;  and  Special  Committees  Nos.  2,  3,  4 
and  5  consist  each  of  five  persons,  to  bo  appointed  by  the  President  of 
the  Convention.  • 

.Mr.  Inglis  offered  the  following  resolution,  which  was  cotl^idcred  im- 
mediately, and  was  agreed  to  : 

Reaoloed,  That  it  be  referred  to  Special  Committee  No.  5,  to  inquire 


308       JOURNAL  OF  THE  CONVENTION, 

and  report  upon  the  expediency  of  providing  ibr  the  creation  of  an 
Executive  Council,  to  be  called  The  Council  of  Safety,  to  continue  in 
exi.'^tince  duriiip  tlio  present  war  iK-twocn  the  Confederate  »*^l,'itos  and 
t^e  United  States,  unless  sooner  aboli.slicd  by  Ordinance  of  tliis  Con- 
vention, and  to  be  constituted  on  the  following  principles  :  Tlie  said 
Council  shall  consist  of  the  I^icutcnant  (jovernor  and  ^ix  other  persons, 
to  be  elected  by  this  Convention  by  ballot,  one  from  each  of  the  Con- 
pretsional  IMstricts  of  the  State  ;  and  for  the  purpase  of  such  election 
the  delegation  of  each  Congressional  District  in  this  body  shall  nomi- 
nate two  persons  resident  within  the  liu)its  of  their  District,  one  of  whom 
shall  be  chosen  as  aforesaid  by  the  Convention. 

The  Governor  of  the  State,  for  the  time  being,  ."^hall  submit  to  the 
consideration  of  the  said  (^uncil  all  nominations  or  aj.pdintmeiits  to 
office,  civil  or  military,  and  all  other  acts  and  measures  of  either  kind 
wkich,  by  the  Constitution  and  laws  of  this  State  and  the  Ordinances 
of  this  Convention,  he  is  or  shall  be  authorized  and  en)powcrc'd  to 
make,  do,  or  adopt,  and  no  appointment  to  ofVice,  or  act  or  measure, 
shall  bo  valid  of  binding  unless  sanctioned  by  the  advice  and  consent  of 
a  clear  majority  of  the  said  Council. 

The  said  Council  shall  be  convened  from  time  to  time  by  the  suin- 
inons  of  the  Governor,  and  shall  keep  a  record  of  their  proceedings, 
aud  for  this  purpose  the  Special  Private  Secretary  of  the  Governor 
shall  be  Secretary  of  the  Council,  without  additional  pay. 

The  members  of  the  said  Council  shall  receive  a  compensation  of  ten 
dollars  per  diem  for  everyday  during  which  they  shall  bo  in  attendance 
upon  the  sessions  oT  the  Council,  aud  in  addition,  ten  cents  per  mile 
for  every  mile  actually  traveled  in  going  to  and  returiiing  from  the 
place  of  the  said  session. 

Mr.  Fair  offered  the  following  resolutions,  which  were  considered 
immediately,  and  wore  agreed  to : 

Iirsohctf,  That  it  bc*referred  to  the  Committee  on  the  Constitution 
to  intjuire  and  report  as  to  the  propriety  and  expodieney  ot  suspending 
during  the  present  war,  tiie  twenty-ninth  section  of  Article  first  of  the 
Constitution  of  this  State  :  • 

Also,  as  to  the  necessity  and  expediency  of  suspending  or  repealing 
the  third  section  of  an  Act  of  the  General  Assembly  entitled  '*  An  Act 
for  regulating  and  fixing  the  salaries  of  several  officers,  and  for  other 
purposes  therein  mentioned,"  ratified  the  27th  March,  1787. 


SATURDAY,  DECEMBER  28,  1861.      "^  809 

Also,  to  inquire  and  report  as  to  the  necessity  and  expediency  of 
suspending  during  the  war  so  much  of  tlie  Constitution  of  this  State 
as  may  be  found  to  conflict  with  the  action  of  the  Cenenil  Assembly 
at  its  recent  session,  in  reference  to  providing  for  the  exercise  of  the 
right  of  suffrage  by  citizens  who  arc  in  the  public  service,  or  who  aro 
driven  from  their  homes  bj^the  presence  of  the  enemy. 

On  motion  of  Mr.  McCrady,  the  Convention  resolved  itself  into 
open  session. 

Mr.  Preston  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to  : 

Whrrras,  This  Convention  of  the  People  of  South  Carolina  have 
heard,  with  profound  grief,  of  the  death  of  James  11.  Adams,  a  del(v 
gate  to  this  Convention  from  the  people  of  Richland  District : 

J3e  it  RewlvciJy  nnnnimousli/,  That  in  the  judgment  of  this  Conven- 
tion, the  death  of  James  XL  Adams  deprives  the  State  of  one  of  her 
wisest  counsellors  and  most  patriotic  citizens. 

Ra^oheJ,  That  the  President  of  this  Convention  be  requested  to 
conjmunicate  these  proceedings  to  the  family  of  the  deceased,  and  or- 
der the  same  to  be  recorded  in  the  journal  of  the  Convention. 

Resolved,  In  further  testimony  of  the  respect  of  this  Convention  for 
the  memory  of  James  H.  Adams,  the  Convention  do  now  adjourn. 

The  Convention  was  adjourned  at  fifty  minutes  past  twelve  o'clock,  M. 

B.  F.  ARTHUR, 

Clc7-k  of  the  Convention. 


SATURDAY,  DECEMBER  28,  1801. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
Daniel  DnPre. 

The  Clerk  called  tlie  roll,  and  the  following  Delegates  answered  to 
their  names : 

Measre.  Allison,  Messrs.  Barnwell, 

AtkinnoQ,  Barroa, 

Ayer, .  Haituri, 


310 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bethea, 
Bobo, 

Boswcll, 

Brabliain, 

Brown,  A.  H. 

Brown,  C.  P. 

Bucbunan, 

(jain, 

Caldwell, 

Calhoun, 

Campbell, 

Carlisle, 

Caugliuian, 

Cautheu, 

Charles, 

Chksnut, 

Clarke,  ' 

Curtis, 

Darby, 

Davaut, 

Davis, 

DeTreville, 

Duncan, 

Duukin, 

Dunovant,  A.  Q. 

DuPre, 

English, 

Fair, 

Fin  ley, 

Flud, 

Forstor, 

Furuian, 

(iarlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdiu,  R.  N. 

Gourdin,  T.  L. 

Green, 


Messrs.  Gregg,  Maxcy 
Gregg,  William 
Gri.shani, 
Ilainuioud, 
llanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Hopkins, 
Hunter, 
Hutson, 
Inglis, 
Jackson, 
Jeff  cries, 
Jenkins,  John 
Johnson, 
Keitt, 
Kilgore, 
Landruni, 
•    ]ja\vton, 
31  elver, 
jMcKee, 
McLeod, 
Magrath, 
Manigault, 
Mauldin, 
Maxwell, 
Mayes, 
ISIazyck, 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Nowell, 
O'Hear, 
Palmer, 
Parker, 
Perriu, 
Porcher, 


SATURDAY,  DECEMBER  28,  1861. 


311 


Messrs.  Preston, 

Messrs.  Sniyly, 

Quattlebaum, 

Snowden, 

Raiuey, 

Spain, 

Rcc' , 

Spratt, 

Rbett, 

Springs, 

Rhodes, 

Stokes, 

Richardson,  F.  D. 

Thompson,  R.  A, 

]{obiuson, 

Timmons, 

Rowell, 

Tompkins, 

Scott, 

Wannamaker, 

Stabrook,  E.  M. 

1 

Wardlaw, 

Seabrook,  G.  W. 

Whitner, 

Sessions,     • 

Wier, 

Shingler,  J.  M. 

•Williams, 

Shin^ler,  W.  P." 

Wilson,  I.  D. 

Siujons, 

Wilson,  J.  H. 

Simpson, 

Woods, 

Sims, 

Young. 

Smith,  J.  J.  P. 

The  journal  of  yesterday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following  communica- 
tion: 


Head  Quarters  Ch.  Lt.  Dragoons, 
On  Broad  River,  December  25,  1861. 
Hon.  D.  F.  Jamison  : 

Dear  Sir  :  I  write  to  request  leave  of  absence  from  the  present 
session  of  the  Convention,  on  account  of  military  reasons.  My  com- 
mand is  upon  a  somewhat  exposed  outpost;  and  the  Commanding  Gene- 
ral (Pemberton)  is  extremely  reluctant  to  give  permission  to  officers  to 
leave  their  posts  at  the  present  juncture. 

Believing  that  I  may  be  of  more  service  to  the  State  where  I  am, 
than  in  endeavoring  to  assist  the  dcliberittions  of  the  Convention,  I 
make  the  above  request. 

I  have  the  honor  to  be, 

Very  respectfully, 

Your  obedient  .servant, 

B.  H.  RUTLEDGE. 


312  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  J.  Izurd  Middleton,  leave  of  absence  was  granted 
to  Mr.  Rutledire. 

On  motion  of  Mr.  Harllee,  leave  of  absence  was  granted  to  Mr. 
Bonueau,  on  account  of  militiiry  duty. 

On  motion  of  Mr.  llutson,  leave  of  absence  was  granted  to  Mr. 
Frampton,  on  account  of  domestic  circumstances  forbidding  bis  absence 
from  his  family.  ' 

The  President  laid  before  the  Convention  the  following  communica- 
tion : 

Walterboro',  S.  C,  December  24tlf,  18G1. 
Hon.  D.  F.  Jamison, 

Fresulenl  of  the  Convent iun  : 
Dear  Sib  :  I  am  sorry  to  inform  you  that  it  is  out  of  the  question 
for  me  to  attend  the  meeting  of  the  Convention,  ordered  for  to-morrow. 
I  Ai  confined  to  my  room  from  sickness,  and  my  physician  expressly 
forbids  my  leaving  home  at  the  present  time. 
•  I  am,  dear  sir, 

Yours,  with  respect  and  esteem, 

M.  E.  CARN. 

On  motion  of  Mr.  Kcitt,  leave  of  absence  was  granted  to  Mr.  Cam, 
Mr.  Quattlebaum,  from  the  Committee  on  Printing,  made  the  follow- 
ing report,  which  was  considered  immediately,  and  was  agreed  to: 

Tlie  Committee  on  Printing,  to  whom  was  referred  a  resolution  in- 
struetiuir  them  to  receive  proposals  fur  printing  the  proceedings  of  the 
Convention  while  its  sittings  shall  be  held  in  Columbia,  beg  leave  to 
report,  that  they  h.ive  discharged  the  duty  assigned  them ;  and  after 
due  notice  being  extended  to  sueh  parties  as  were  supposed  to  be  capa- 
ble of  doing  tlie  work,  Dr.  R.  W.  (iibbcs  is  the  only  one  who  has  made 
them  an  offer.  He  proposes  to 'execute  the  work  in  good  style,  and  on 
paper  equal  in  quality  to  that  used  for  the  legislative  printing  in  1858 
and  1859,  on  the  following  terms :  "  For  journals,  calendars,  reports, 
resolutions,  &c.,  for  200  copies,  81  3G  per  puge.  For  more  than  200 
copies,  the  cost  of  composition  (55  ccnt«)  deducted  for  each  200,  viz: 
81  cents  per  page — being  tlie  same  price  paid  in  Charleston." 

Your  Committee,  believing  Dr.  (Jibbes  to  be  prepared  to  do  the  work 
as  stated,  recommend  the  adoption  of  the  following  resolution : 


SATURDAY,  DECEMBER  28,  1861.       813 

Re%olvcd,  That  Dr.  R.  W.  Gibbes  be  appointed  Printer  to  the  Con- 
vention wbi^c  its  sittings  shall  be  held  iu  Columbia. 

On  motion  of  Mr.  Quattlebaum,  the  Convention  went  into 

SECRET  SESSION. 

The  President  announced  the  following  Committees: 
Special  Committee  No.  1,  which  shall  be  charged  with  devising  and 
reporting  a  scheme  of  action  in  relation  to  slaves  in  the  possession  or 
tinder  the  influence  of  the  enemy  on  the  seaboard,'  and  in  relation   to 
the  slaves, likely  to  become  so  : 

Messrs.  R.  W.  Barnwell, 
B.  F.  Dunkin, 
A.  G.  Magrath, 
James  Chesnut,  Jr., 
John  Townsend, 
J.  H.  Means, 
Wm.  II.  Gist. 

Special  Committee  No.  2;  which  shall  be  charged  with  considering 
and  reportii]g  upon  the  proper  action  of  the  State,  in  case,  at  any  time, 
further  valuable  portions  of  our  territory  should  be  pronounced  untena- 
ble by  the  military  authorities  : 

Messrs.  I.  W.  Hayne, 
J.  N.  Whitner, 
J.  P.  Carroll, 
Wm.  F.  DeSaussure, 
R.  N.  Gourdin. 

Special  Committee  No.  3,  which  shall  be  charged  with  considering 
and  reporting  the  means  by  which  the  State  can  afi'ord  most  ready  and 
efficient  aid  to  the  Confederate  authorities  in  expelling  the  invaders 
from  our  borders  :  • 

Messrs.  J.  L.  Orr, 

Maxcy  Gregg, 
L.  M.  Keitt, 
R.  DcTrcvillc, 
Thomas  C.  Pcrrin. 

Special  Committee  No.  4,  which  shall  be  charged  with  devising  and 
40 


S14       JOURNAL  OF  THE  CONVENTION, 

reporting  a  plan  for  building  or  procuring  war  vessels  for  harbor  and 

coast  defence  : 

Messrs.  A.  H.  Brown, 

John  S.  I'rcston, 
J.  Izard  jMiddleton, 
A.  C.  Spain, 
F.  J.  Torcher. 

Special  Committee  No.  5,  which  shall  be  charged  with  devising  and 
reporting  a  plan  for  strengthening,  during  the  exigencies  of  the  war, 
the  Executive  Department : 

Messrs.  D.  L.  Wardlaw, 
T.  W.  Glover,. 
,  J.  A.  Inglis, 

Edward  McCrady, 
Wm.  P.  Finley. 

Mr.  Magrath  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  the  President  of  this  Convention  be  requested  to  fill 
all  vacancies  in  the  Military  Committee,  appointed  .at  the  previous  ses- 
sion of  this  Convention ;  and  that  such  committee  be  a  Standing  Com- 
mittee of  this  Convention. 

Mr.  Magrath  gave  notice  thnt  he  will,  on  Monday  next,  ask  leave  to 
introduce  an  Ordinance  to  provide  an  armed  force  for  the  defence 
of  the  State. 

Mr.  Magrath  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to : 

.  Resolved,  That  his  Excellency  the  Governor  be  rocjuested  to  com- 
municate to  this  Convention,  the  number  of  Keginients  from  this  State, 
which  have  volunteered  in  the  service  of  the  Confederate  States,  for 
the  war;  of  that  nun)ber,  how  many  are  in  service  without  the  limits 
of  the  State  J  and  hcnv  many  are  in  service  within  the  limits  of  the 
State;  and  also  the  original  and  the  present  strength  of  such  regiments. 
That  his  Excellency  the  Governor  be  further  requested  to  eomiiiuni- 
cate  to  this  Convention  the  number  of  Kegimeuts  from  this  State  which 


SATURDAY,  DECEMBER  28,  1861.  315 

have  volunteered  in  the  service  of  the  Confederate  States  for  twelve 
months  ;  of  that  number,  how  many  arc  in  service  without  the  limits 
of  the  State;  and  how  many  are  in  service  within  the  limits  of  this 
State,  and  also  the  original  and  present  strength  of  such  regiments,  and 
that  the  same  information  be  given  of  any  detached  companies  or 
battalions  in  service  for  the  war  or  for  twelve  months. 

That  his  Excellency  the  Governor  be  further  requested  to  commu- 
nicate to  this  Convention  the  number  of  arms  belonging  to  this  State^ 
which  have  been  given  to  Regiments  of  this  State,  now  in  the  service 
of  the  Confederate  States,  without  thfe  limits  of  this  State  ;  how  many 
of  such  arms  have  become  useless  to  such  regiments  by  the  various 
causes  which  have  reduced  the  effective  force  of  such  regiments,  and 
what  measures,  if  any,  have  been  taken  to  have  such  arms  brought  back 
to  this  State. 

That  his  Excellency  the  Governor  be  further  requested  to  commu- 
nicate to  this  Convention,  the  number,  grade  and  condition  of  arms 
belonging  to  this  State,  issued  to  any  portieu  of  the  militia  of  the 
State,  not  in  actual  use,  by  reason  of  exemptions  or  disabilities,  held 
or  claimed  by  any  persons  in  part  composing  such  militia,  and  also  the 
number  of  public  arms  now  in  the  State,  and  prepared  for  immediate 
use. 

Mr.  Mazyck  offered  the  following  resolution,  which,  on  motion  of 
Mr.  Wardlaw,  was  ordered  to  lie  on  the  table  : 

Resolved,  That  a  lawprohibiting  or  arresting  the  enforcement  of  con- 
tracts by  legal  process,  whether  permanently  or  for  a  limited  time,  is 
"a  law  impairing  the  obligation  of  contracts"  within  the  meaning  of 
the  second  section  of  the  ninth  Article  of  the  Constitution  of  the 
State. 

Mr.  DeTreville  offered  the  following  resolutions,  which  wer6  referred 
to  the  Committee  on  the  Military: 

Rnaofved,  That  aliens,  the  subjects  of  States  or  sovereignties  in  amity 
with  the  Confederate  States,  residing  within  tbo  limits  of  tins  .*;jtate, 
are,  and  ought  to  be  to  the  same  extent  as  are  mir  own  citizens,  liable  to 
military  duty,  and  that  the  several  military  oflRcers  of  the  State  are 
hereby  required  and  commanded  to  cause  such  aliens  as  are  able-bodied, 
between  ti»e  ages  of  sixteen  and  sixty,  residing  in  their  respective 
Distridlfl,  to  enroll  thenisclves  forthwith  in  the  ranks  of  any  one  of  the 
military  organizatioDs  of  the  State  for  military  duty. 


316  JOURNAL  OF  THE  CONVENTION, 

Resolved,  That  all  military  officers  while  in  actual  service  are  author- 
ized, aud  so  shall  be  authorized,  during  the  continuance  of  the  present 
war,  to  use  promptly  such  force  as  may  be  in  their  judgment  necessary 
to  compel  any  person  or  persons  liable  to  militia  duty  to  take  arms  for 
the  defence  of  the  State,  and  perform  military  duty  in  some  of  tlie  or- 
ganizations of  the  State,  without  being  obliged  to  seek  the  aid  of  courts 
martial. 

Mt.  Tnglis  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  inform 
this  Convention  what  regiments,  battalions  or  companies  of  volunteers 
have 'been  organized  within  this  State,  under  any  law  of  the  State  Oy 
any  call  of  his  Excellency,  and  are  now  in  existence,  but  have  not  ye 
been  mustered  into  the  service  of  the  Confederate  States;  together  with 
the  strength  of  such  organizations,  and  their  prcbcut  position  aud 
service. 

ISIr.  DeTrovillc  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Military,  to 
inquire  and  report  on  the  expediency  of  authorizing  and  requesting  the 
Governor  to  appoint  a  suitable  person  for  the  city  of  Charleston,  whose 
duty  it  shall  be,  when  by  him  required,  to  close  all  places  of  business 
within  the  city,  after  giving  five  days'  public  notice — except  such 
places  of  business  as  are  managed  by  men  disqualified  by  reason  of  age 
or  otherwi.se,  for  militia  duty — or  by  women — and  except  such  places 
as  are  used  for  the  manufacture  of  arms  and  munitions  of  war,  and  the 
preparation  of  naval  and  military  stores. 

Mr.  Inglis  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  :  . 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Military,  to 
inquire  and  report  upon  the  expediency  of  providing  some  prompt  and 
effectual  method  of  collecting  the  public  arms,  which  are  now  scattered 
over  the  State  in  the  posses.sion  of  individuals  ur  othcrwi.><e,  and  not  in 
use  in  the  public  service  ;  also,  of  procuring  i'or  the  use  of  the  StatD,  such 
arms  as  belong  to  individuals,  who  may  bo  willing  to  part  with  the 


MONDAY,  DECEMBER  30,  1861.  317 

same ;  also,  of  repairing  such  of  the  said  arras,  so  to  be  collected  and 
procured,  as  are  defective,  arid  of  ensuring  the  manufacture  of  new 
amis.  , 

On  motion  of  Mr.  Fair,  the  doors  were  opened. 
Mr.  Carroll  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  unanimously  agreed  to : 

Resolved,  That  in  the  death  of  Hon.  Francis  H.  Wardlaw,  the  State 
has  lost  a  citizen,  faithful  and  true ;  and  a  magistrate  whose  learning 
and  ability  gave  added  lustre  to  her  judiciary. 

Resolved,  That  this  resolution  be  entered  upon  the  journal  of  this 
Convention,  and  that  a  copy  of  the  same  be  communicated  to  the  family 
of  the  deceased. 

Mr.  Young  offered  the  following  resolutions,  which  were  agreed  to: 

Resolved  unanimously,  That  this  Convention  has  learned  with  regret 
the  death  of  William  J).  Watts,  a  delegate  frouj  the  District  of  Laurens. 

Resolved,  That  in  the  death  of  Mr.  Watts,  this  Convention  has  been 
deprived  of  a  useful  member,  and  the  State  of  a  valuable  citizen. 

Resolved,  That  a  copy  of  the  foregoing  resolutions  be  presented  by 
the  Secretary  of  the  Convention  to  the  family  of  the  deceased. 

On  motion  of  Mr.  Quattlebauni,  and  as  a  further  mark  of  respect  to 
the  memory  of  the  deceased,  the  Convention  was  adjourned  at  fifty 
minutes  past  eleven  o'clock,  A.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


MONDAY,  DECEMBER  30,  1801. 

At  thr  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman. 

The  Clerk  tiallcd  the  roll,  and  the  following  delegates  answered  to 
their  names  : 


318 


JOURNAL  OF  THE  COXVEXTION, 


Messrs.  AUifon, 

Applebj, 
I  Atkinson, 

Barron, 
Barton, 
Bethea, 
Bobo, 

Boswell, 

Brown,  A.  H. 

Brown,  C.  P. 

Cain, 

Caldwell, 

Calhoun, 

Campbell, 

Carlisle, 

Cauthcn, 

Charles, 

Chesnut, 

Curtis, 

Darby, 

Davanf, 

DeTreville, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

DuPre, 

Easley, 

English, 

Fihley, 

Flud, 

Forster, 

Furman, 

Gad1)erry, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Green, 


Messrs,  Gregg,  Maxcy 
Gregg,  William 
Grishaiu, 
Ilanekel, 
I^arllee, 
Harrison, 
Henderson, 
Hopkins, 
Hunter, 
Hntson, 
Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Johnson, 
Keitt, 
Kilgore, 
Kinsler, 
Landrum, 
Lawton, 
Lewis, 
McCrady, 
31  elver, 
McKee, 
McLeod, 
Nagrath, 
Manigault, 
Maxwell, 
Mayes, 
Mazyck, 
gleans, 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Nowc'll, 
O' J  J  oar. 
Palmer, 
Perrin, 
Pore  her. 


MONDAY,  DECEMBER  SO,  1861.  319 

Messrs.  Preston,  Messrs.  Spain, 

Quattlebaum,  Spratt, 

Rainey,  Springs, 

Rhodes,  Stokes, 

Robinson,  Timmons, 

Rowell,  Tompkins, 

Scott,  Towusend, 

Seabrook,  E.  M.  Wannaiuakcr, 

Seabrook,  G.  W.  Wardlaw, 

Sessions,  Whitner, 

Shingler,  J.  M.  Wier, 

Simpson,  Williams, 

Sims,  Wilson,  I.  D. 

Smith,  J.  J.  l\  Wilson,  J.  H. 

Smyly,  Woods, 

Snowden,  Young. 

The  journal  of  Saturday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following  communica- 
tion, which,  ou  motion,  was  ordered  to  lie  on  the  table  : 

Columbia,  30th  December,  1861. 
Hon.  D.  F.  Jamison, 

Prcddrni  of  the  Convention: 
Sir  :  Not  desiring  to  participate  further  in  the  proceedings  of  the 
Convention,  and  hopihg  that  my  place  may  be  supplied  for  this  or  some 
subsequent  session,  1  hereby  resign  my  seat  in  the  body  over  which  you 
preside. 

Respectfully, 

T.  J.  WITHERS. 

On  motion  of  Mr.  Dunkin,  leave  of  absence  was  granted  to  Mr. 
I'arker,  on  account  of  allliction  in  his  family. 

On  motion  of  Mr.  Moorman,  leave  of  absence  was  granted  to  Mr. 
Kinard,  on  account  of  military  duty. 

Mr.  Carroll  presented  the  account'  of  Lewis  Jones,  for  services  ren- 
dered in  serving  writ  of  election;  which  was  referred  to  the  Committee 
OD  Accounts. 

On^motion  of  Mr.  Carroll,  it  was 

Orthrr*!,  That  the  President  be  requested  to  611  vacancies  in  the 
Committee  on  Accounts. 


320       JOURNAL  OF  THE  CONVENTION, 

Mr.  Preston  offered  the  following  resolution ;  which  was  considered 
imme Jiatcl}',  aud  was  agreed  to : 

Remlved,  That  it  be  referred  to  the  Committee  on  the  Military  to 
inquire  into  the  expediency  of  increasing  the  powers  of  the  Adjutant 
General  of  the  State,  in  the  organization  and  movement  of  troops,  and 
other  matters  directly  pertaining  thereto. 

On  motion  of  Mr.  Barnwell,  the  Convention  went  into 

SECllET  SESSION. 

On  motion  of  Mr.  Barnwell,  leave  was  granted  to  Special  Committee 
No.  1,  to  hold  their  sittings  during  the  sittings  of  the  Convention. 

The  President  announced  that  Messrs.  W.  F.  Hutson  and  Perry  E. 
Duncan  arc  added  to  the  Committee  on  the  Military ;  and  that  Mr.  K. 
J.  Davant  is  added  to  the  Committee  on  Accounts. 

Mr.  DeTrevillc  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  referred  to  the  Committee  on  the  Military : 

Rcsohrcf,  That  in  all  cases  of  draft  hereafter,  the  offices  shall  not  be 
filled  by  election,  but  if  the  draft  is  of  a  llegimcnt,  the  Field  Officers 
shall  be  appointed  by  the  Governor,  and  the  Company  Officers  by  the 
Colonel  so  appointed,  and  the  non-commissioned  officers  by  the  Captains 
of  the  Companies,  respectively;  if  the  draft  is  of  Companies,  one  or 
more,  the  officers  shall  be  appointed  by  the  Colonel  or  other  command- 
ing officer  of  the  llcgiment  from  which  the  draft  may  be  made. 

I\Ir.  DeTrevillc  offered  the  following  resolution  : 

Resoh-eiJ,  That  the  members  of  the  two  branches  of  the  Legislature 
of  this  State,  aud  their  respective  officers,  have  never  been  before,  and 
ousht  not  now  to  be,  e.\eii)])t  from  the  performance  of  ordinary  militia 
and  patrol  duty,  except  during  the  sittings  of  the  Legislature  and  im- 
mediately before  and  after ;  and,  therefore,  that  so  much  of  an  Act 
entitled  "  An  Act  to  amend  aud  suspend  certain  portions  of  the  Militia 
and  Patrol  laws  of  this  State,"  passed  on  the  7th  day  of  December  of 
the  present  year,  as  exempts  the  members  of  both  branches  of  the 
General  Assembly  and  their  respective  officers,  from  ordinary  militia 
and  patrol  duty,  ought  to  be,  and  is  hereby,  declared  null  and  void. 

Mr.  Bobo  moved  .that  the  resolution  be  ordered  to  lie  on  the  table; 
which  motion  was  not  agreed  to. 


MONDAY,  DECEMBER  30,  1861.  321 

Mr.  Glover  offered  the  following  amendment,  which  was  accepted 
bj  the  mever  of  the  rcsolutiou  : 

Resolved,  That  the  Committee  oa  the  Military  inquire  and  report 
who  should  be  exempt  from  ordinary  militia  duty  during  the  present 
war. 

Mr.  McCrady  offered  the  following  amendment,  which  was  agreed  to  : 

Resolved,  That  the  Act  of  the  Legislature,  passed  at  its  last  session, 
entitled  "  An  Act  to  amend  and  suspend  certain  portions  of  the  Militia 
and  l^trol  laws  of  this  State,"  be  referred  to  the  Committee  on  the 
Military. 

Mr.  Wardlaw  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to : 

Resolved,  That  the  Special  Committee  No.  5  be  instructed  to  in- 
quire whether  the  Executive  Department  should  not  be  empowered  to 
fill  all  oifices  and  appointments,  which  have  been  left  vacant  for  default 
of  Legislative  action ;  and  that  the  Committee  have  leave  to  report  by 
Ordinance  or  otherwise. 

A  communication  was  received  from  his  Excellency  the  Governor, 
and  was  read  by  his  Special  Private  Secretary,  Mr.  F.  J.  Moses,  Jr. 

On  motion  of  Mr.  J.  I.  Middleton,  the  communication  and  the 
accompanying  documents  were  referred  to  the  Committee  on  the 
Military. 

Mr.  DeTreville  offered  the  following  resolutions,  which  were  con- 
sidered immediately,  and  were  referred  to  the  Special  Committee  No. 
1: 

Whereas,  The  Government  of  the  United  States,  in  violation  of  the 
well  recognized  rules  of  modern  warfare  among  civilized  nations,  has 
used,  and  is  now  usinL',  its  power  for  the  plunder  and  destruction  of  all 
private  property,  and  has  already,  by  the  aid  of  its  army  and  navy, 
spirited  a/way  and  stolen  large  numbers  of  negroes  from  the  peaceful 
and  unoffending  planters  of  the  Southern  States  :  Therefore 

Resolved,  That  in  the  opinion  of  this  Convention,  it  ought  to  be  the 

desire  of  the  Confederate  Government,  by  all  appropriate  measures,  to 

aid  in  the  recovery  and  restoration  of  the  aforesaid  negroes  to  their 

owners;  or  failing  in  this,  to  compel  the  Government  of  the  United 

41 


822  JOURNAL  OF  THE  CONVENTION, 

States  to  make  ample  indemnity  for  the  losses  which  their  owners  have 
incurred,  or  may  hereafter  incur. 

Rtsolvcil,  That  in  the  opinion  of  this  Convention,  no  peace  ought 
to  be  concluded  with  the  United  States  which  does  not  procure  for  all 
persons  who  have  been,  or  shall  hereafter  be,  deprived  of  their  slaves 
by  the  action  of  that  Government,  full  indemnity  for  every  negro 
which  may  be  lost,  stolen  or  killed,  during  the  continuance  of  the  war; 
and  that  the  State  of  South  Carolina  is  willing  that  the  war  should  be 
prolonged  indefinitely,  if  necessary,  for  the  procurement  of  such 
indemnity. 

On  motion  of  Mr.  A.  II.  Brown,  the  doors  were  opened.  * 

On  motion  of  Mr.  Wardlaw,  it  was 

Ordered,  That  wlien  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow,  at  twelve  o'clock,  M. 

On  motion  of  Mr.  Ilayne,  the  Convention  wasf  adjourned  at  forty- 
five  minutes  past  twelve  o'clock,  M. 

B.  F.  ARTHUR, 

Clerk  of  the   Convention. 


TUESDAY,  DECEMBER  31,  1801. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  M.  Tinnnoiis. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names  :  • 

Messrs.  Allison,  Messrs.  Boswell, 

Appleby,  Brabham, 

Atkinson,  Brown,  A.  H.      , 

Barjiwell,  Brown,  C.  P. 

Barron,  Cain, 

,    Barton,  Caldwell, 

Bethea,  Calhoun, 

Bobo,  Campbell, 


TUESDAY,  DECEMBER  31,  1861. 


823 


Messrs.  Carlisle, 

Caughman, 

Cauthen, 

Charles, 

C  lies  nut, 

Clarke, 

Crawford, 

Curtis, 

Davant, 

Davis, 

DeSaussure, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

Dunovant,  il.  Gr.   M. 

DuPre, 

English, 

Evans, 

Finley, 

Flud, 

Forster, 

Furnian, 

Gadberry, 

Garlington, 

Geiger, 

Gist, 

Glovor, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  Maxcy 

Gregg,  William  * 

Grisham,  • 

Hammond, 

Hanckcl, 

Harllce, 

Ilarriaon, 

Hayoe, 

Hendersoo, 


Messrs.  Hopkins, 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Johnson, 
Keitt, 
Kershaw, 
Kilgore, 
Landrum, 
Lawton, 
Lewis, 
McCrady, 
McKee, 
McLeod, 
Magrath, 
Manigault, 
Maxwell, 
Mayes, 
Means, 

MiddletOD,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Palmer, 
Perrin, 
Porch  er, 
Preston, 
Quattlebaum, 
Raincy, 
Rhctt, 
Rhodes, 

Richardson,  F.  D. 
•  Richardson,  J.  P. 

Robinson, 


324 


JOURNAL  OF  THE  CONVKNTION, 


Messrs.  Rowell, 
Scott, 

Messrs,  Springs, 
Stokes, 

Seabrook,  E.  M. 
Seabrook,  G.  W. 

Thompson,  R.  A, 
Timmons, 

Sessions, 
Shinfiler,  J.  M. 

Tompkins, 
Wannamaker, 

e^hingler,  W.  P. 

Simpson, 

Siius, 

Wardlaw, 
Whitner, 
Wier, 

Smith,  J.  J.  P. 

Williams, 

Smyly, 
Snowden, 

Wilson,  I.  D. 
Wilson,  J.   11. 

Spain, 

Woods, 

Spratt, 

Young. 

The  journal  of  yesterday's  procccdinirs  was  read. 

The  President  laid  before  the  Convention  the  following  communi- 
cation, which,  on  motion  of  Mr.  Duukiu,  was  ordered  to  lie  on  the 
table : 

Camp  near  Centreville,  Va.,. 
7tu  Keoimknt  S.  C.  V., 
*  December  24th,  1861. 

Hon  D.  F.  Jamison, 

President  of  the  Convention  :  » 

Dear  Sir  :  Your  call  for  the  reassembling  of  the  State  Convention 
has  just  been  brought  to  my  notice.  At  this  late  hour,  connected  as  I 
am  with  the  army,  my  early  attendance  will  be  impossible.  The 
object  for  which  the  Convention  is  called  would  be  attained,  and  the 
business  dispatched,  before  the  formalities  attending  the  obtaining  of  a 
furlough  could  be  gone  through  with.  Under  the  circumstances,  I 
desire  to  be  excused  from  taking  my  seat  in  the  honorable  body  over 
which  you  preside. 

Very  respectfully,* 

Your  obedient  servant, 

THOS.  W.  BEATY, 
Delegate  jrom  Kingston. 


On  motion  of  Mr.  J.  Izard  Mi<ldlotou,  leave  of  absence  was  granted 
to  Mr.  Beaty. 


TUESDAY,  DECEMBER  31,  1861.  325 

On  motion  of  Mr.  Tntrlis,  leave  of  absence  was  eranted  to  Mr. 
Mclver,  on  account  of  military  duty. 

On  motion  of  Mr.  Furman,  leave  of  absence  was  granted  to  Mr. 
Easley,  on  account  of  military  duty. 

On  motion  of  Mr.  Bobo,  leave  of  abseijce  was  granted  to  Mr.  Foster, 
on  account  of  military  duty. 

On  motion   of   Mr.  DeSaussure,  tbe  Convention  went  into 

SECRET  SESSION.       . 

Mr.  Ilarllee  prcsente'd  the  Report  of  the  Committee  on  the  Military 
on  a  resolution  of.  inquiry  as  to  the  expediency  of  increasing  the  powers 
of  the  Adjutant  General,  which  was  ordered  for  consideration  to-mor- 
row. 

Mr.  Barnwell,  from  tUe  Special  Committee  No.  1,  made  a  report, 
and  reported  an  Ordinance  to  provide  for  the  removal  of  negroes  and 
other  property  from  portions  of  the  State  which  may  be  invaded  by 
the  enemy;  which  was  read,  and  was  ordered  to  be  printed,  one  copy 
for  each  member  of  the  Convention,  and  was  made  the  special  order  of 
the  day  for  to-morrow,  at  half  past  twelve  o'clock,  P.  M.  . 

Mr.  Barnwell,  from  the  same  Committee,  made  a  report,  and  reported 
an  Ordinance  to  exempt  overseers  from  the  performance  of  militia  duty; 
which  was  read,  was  ordered  lor  consideration  to-morrow,  and  to  be 
printed. 

Mr.  Wardlaw,  from  the  Special  Committee  No.  5,  made  a  report, 
and  reported  an  Ordinance  for  strengthening  the  Executive  Depart- 
ment .during  the  exigencies  of  the  present  war;  which  was  read,  was 
ordered  to  be  printed,  and  was  made  the  special  order  of  the  day  for 
to-morrow,  immediately  after  the  special  order  No.  1  shall  have  been 
disposed  of. 

Mr.  Gregg  presented  the  report  of  Special  Committee  No.  3,  which, 
after  vaiious  amendments,  was,  on  motion  of  Mr.  Ilarllee,  ordered  to 
lie  on  the  table,  and  to  be  printed ;  and  the  report  was  made  the 
fpccial  order  of  the  day  for  the  day  after  to-morrow. 

Mr.  Quattlcbaum  oflFcred  the  following  resolution,  which  was  con- 
sidercd  immediately,  and  was  agreed  to  : 

Rr^AvnJ^  That  Messrs.  R.  W.  Gibbps,  E.  O.  Withingtun,  J.  A. 
Patton,  W.  W.  Deane  and  W.  P.  Buford,  to  whom  shall  be  confided 
the  printing  of  such  matter  as  may  be  so  ordered  in  socret  seasioD,  bo 
sworn  to  keep  well  and  truly  the  secrets  of  this  Convention. 


326  JOURN'AL  OF  THE  COXVE?^TION, 

Mr.  Inglis  oflfered  the  following  resolution,  which  wa8  considered 
iinmtdiately,  and  was  agreed  to  : 

Rrs'>Jvpil,  Tliat  whenever  any  part  of  the  proceedings  of  this  Con- 
vention in  secret  session  shall  be  ordered  to  be  printed  for  the  use 
of  the  Convention,  it  shall  be  the  duty  of  the  Printer  to  print  only  so 
many  copies  as  will  be  equal  to  the  number  of  menibcrs  in  attendance 
upon  the  ('onventiuu,  and  the  Clerk  ;  and  to  deliver  all  the  same, 
togetlier  with  the  manuscripts,  to  the  Clerk  or  Messenger  in  person,  to 
be  by  him  distributed  to  the  members,  and  to  no  other  person,  and  so 
as  that  each  member  shall  receive  one  copy;  and  if  the  Printer  shall 
print  any  larger  number,  or  shall  retain  in  his  possession,  or  deliver  to 
any  other  person  than  as  herein  ordered,  any  copy  or  copies  of  the 
same,  or  shall  otherwise,  by  his  agenc}'  or  neglect,  cause  or  permit  the 
fame  to  become  known  to  any  one  who  is  not  entitled  to  such  knowl- 
edge, he  shall,  therefor,  forfeit  all  compensation  which  by  contract  he 
is  or  will  be  entitled  to  recei^fe  for  printing  done  for  this  Convention, 
besides  being  answerable  as  for  a  contempt  of  this  Convention. 

The  President  laid  before  the  Conveutiuu  the  following  communica- 
tion : 

To  the  PrcxHent  and  Manhers  of  the  Convention  : 

Gentlemen  :  As  Keeper  of  the  State  House  and  Librarian,  I  pray 
leave  to  say  that  I  shall  always  be  found  in   attendance  and  ready  to 
render  such  services  as  the  Convention  may  see  lit  to  command. 
With  high  respect, 

Your  obedient  servant. 

Til  EG.  STARK. 

Mr.  Spain  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

ResolvciJ,  That  Mr.  Theodore  Stark,  the  Keeper  of  the  State  House 
and  Librarian,  be  admitted  to  a  seat  on  the  floor  during  secret  session, 
on  taking  tlic  oath  to  keep  the  secrets  of  the  Convention. 

Mr.  Stark,  and  Messrs.  Withington,  D-rane,  IJuford  and  Patton, 
attended  at  the  Clerk's  desk,  and  were  sworn  to  secrecy  by  the  Presi- 
dent. 

On  motion  oC  Mr.  McCrady,  leave  of  absence  was  granted  to  Mr. 
Memmingcr,  on  account  of  public  engagements. 


WEDNESDAY,  JANUARY  1,  1862.  327 

Mr.  Inglis  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Constitution 
to  inquire  and  report  as  to  the  expediency  of  abolishing  the  oflSces  of 
Comptroller  General  and  Treasurers  of  the  Upper  and  Lower  Divisions, 
and  substituting  a  single  office  of  Secretary  of  the  Treasury,  to  whom 
shall  be  assigned  all  the  duties  heretofore  belonging  to  the  said  three 
offices. 

On  motion  of  Mr.  Quattlebaum  the  doors  were  opened. 
On  motion  of  Mr.  Perrin,  it  was  » 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Keitt,  the  Convention  was  adjourned  at  three 
minutes  past  two  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,  JANUARY  1,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev.  J.  G.  Landrum. 

The  Clerk  called  the  roll,  and  the  following  delegates,  answered  to 
their  names : 

Messrs.  Allison,  Messrs.  Brown,  C.  P. 

Appleby,  Cain, 

Atkinson,  Caldwell, 

Ayer,  Calhoun, 

Barron,  Campbell, 

Barton,  Carlisle, 

Bethea,  Carroll, 

Bobo,  Caughman, 

Boswoll,  Cauthen, 

Brabham,  Charles, 

Brown,  A.  11.  Chesnut, 


328 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Clarke, 

Crawford, 

Curtis, 

Davant, 

Davis, 

DeSaussurc, 

Dc'Trcville, 

I)uucan, 

Duiikin, 

I)uiiovant,  A.  Q, 

Dunovant,  R.  G.  M 

DuPre,  • 

Knglisli, 

Evans, 

Fair, 

Fit)  ley, 

Flud, 

Forster, 

Furnian, 

Gadbcrry, 

Garlitigton, 

Geiger, 

Gist, 

Gluvcr, 

Goodwin, 

Gourdin,  R.  N. 

Gourdiii,  T.  L. 

Green, 

Grc<rg,  Williuiu 

Grisliaiii, 

Uumuond, 

Ilanckel, 

Il-irllee, 

Harrison, 

Hayne, 

Hetidcrson, 

Hopkins, 

Hunter, 

HutsoD, 


Messrs.  Inglis, 
Ingram, 
Jackson, 
Jefferies, 
Johnson, 
Kershaw, 
Kilgorfi, 
Kiosler, 
Land  rum, 
]  jaw  ton, 
Lewis, 
Logan, 
ISIcCrady, 
McKec, 
McLeod, 
Manignult, 
Manning, 
Mauldin, 
Maxwell, 
Slayes, 
Mazyck, 


Means, 

MiddletoH,  John  Tsmrd 

Middlcton,  AViliiaius. 

Mooro, 

Moorman, 

Noble, 

Nowell, 

O'Hcar, 

Palmer, 

Pen-in, 

Quattlebaum, 

Rainey, 

Reed, 

Rhodes, 

Kic;hardson,  F.  D. 

Richardson,  J.    1'. 

Rowell, 

Soott, 


WEDNESDAY,  JANUARY  1,  1862.  329 

Messrs.  Seabrook,  E.  M.  Messrs.  Timiuons, 

Sessions,  •                 Tompkins, 

Shingler,  J.-M.  Wannamaker, 

Shiuglcr,  W.  P.  Wardlaw, 

Siiup.«ou,  Whitner, 

Sims,  Wier, 

Smith,  J.  J.  P.  Williams, 

Smyly,  Wilson,  I.  D. 

§nowdon,  Wilson,  J.  H. 

Spratt,  Wilson,  W.  B. 

Springs,  .              Woods, 

Stokes,  Young. 

The  journal  of  yesterday's  proceedings  was  read. 
On  motion  of  Mr.  Wardlaw,  the  Convention  went  into 


SECRET  SESSION. 

Dr.  R.  W.  Gibbes,  Printer  of  the  Convention,  attended  at  the  Clerk's 
desk,  and  was  sworn  to  secrecy  by  the  President. 

Mr.  Wardlaw  presented  the  report  of  the  Committee  on  the  Consti- 
tution on  a  resolution  of  inquiry  as  to  the  offices  of  Comptroller  General 
and  of  the  Treasurers  of  the  Upper  and  Lower  Divisions,  which  was 
ordered  for  consideration  to-morrow. 

Mr.  Magrath  offered  -the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to : 

Resohe'I,  That  the  Committee  on  the  Military  be  directed  to  con- 
sider and  report  as  to  the  expediency  of  restoring  to  an  effective  con- 
dition, that  portion  of  the  militia  of  the  State,  within  the  limits  of  the 
4th  Brigade,  known  as  the  Reo^ment  of  Retierves.  That  the  said  Com- 
mittee be  further  directed  to  consider  and  report  as  to  the  expediency 
of  organizing  in  some  efficient  manner,  that  portion  of  the  militia  of 
this  State,  within  the  same  limits,  between  the  ages  of  10  and  18 
years.  And  that  such  organization,  if  it  be  considered  expedient, 
should  reconcile  attention  to  their  educational  pursuits  with  such  mili- 
tary service  as  may  be  required  from  them.  And  that  the  said  Com- 
mittee have  leave  to  report  an  Ordinance,  if  it  shall  so  desire. 

Mr.  Perrin,  from  the  Committee  on  the  Constitution,  made  a  report, 
and  reported  an  <)rdinancc  to  suspend  Id  part  the  operation  of  an  Act 
42 


330  JOT^RNAL  01-  TIIK  CONVENTION, 

of  the  General  ApsoiiiMy,  entitled  "An  Act  for  repulatinp:  and  fixing 
the  p.ilaries  of  several  ofEcer.«,  and  for  other  purposes  therein  men- 
tioned ;  "  •which  vras  read,  and  was  ordered  for  consideration  to-morrow, 
Mr.  DeTreville "presented  the  report  of  the  Committee  on  the  Consti- 
tution on  a  resolution  of  inquiry  afj  to  the  expediency  of  suspending  the 
twenty-ninth  section  of  the  first  Article  of  the  Constitution  of  this 
State,  which  was  ordered  for  consideration  to-morrow. 

Mr.  J.  v.  Eichardsou  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to : 

Rcsohnl,  That  it  be  referred  to  the  Committee  on  the  Military  to 
report  whether  any  legislation  be  needed  in  the  Surgeon  General's  De- 
partment of  tl^e  State. 

Mr.  PcTreville  presented  the  report  of  the  Committee  on  the  Mili- 
tary, on  a  resolution  ot  inquiry  as  to  the  liability  of  aliens  to  perform 
militia  duty,  which  was  ordered  for  consideration  to-morrow,  and  to  be 
printed. 

Pursuant  to  notice,  and  by  leave  of  the  Convention,  Mr.  Magrath 
introduced  an  Ordinance  to  ])rovide  an  armed  military  force  for  the 
defence  of  the  State,  and  to  establish  the  mode  in  which  forces  for  the 
existing  war  shall  be  raised  in  this  State ;  which  was  read,  and  waa 
referred  to  the  Committee  on  the  Military. 

SPP:CIAL   ORDER. 

On  motion  of  Mr.  Barnwell,  the  Convention  proceeded  t6  the  con- 
sideration of  an  Ordinance  to  provide  for  the  removal  of  negroes  and 
other  property  from  portions  of  this  State  which  may  be  invaded  by 
the  enemy ;  which  had  been  made  the  special  order  of  the  day  for  this 
day,  at  half  past  twelve  o'clock,  P.  M. 

The  Ordinance  was  read. 

On  motion  of  Mr.  IJurnwell,  the  blank  in  the  Grst  section  was  filled 
with  the  number  ^/Cee/i. 

On  motion  of  I\Ir.  Harllee,  the  word  "  department"  in  the  first  sec- 
tion was  stricken  out,  and  the  word  "district"  inserted  in  lieu  thereof. 

On  motion  of  Mr.  Fair,  after  the  word  "State,"  the  words  "as  now 
defined  by  the  commanding  General  of  the  Confederate  forces,"  were 
inserted. 

Pending  the  consideration  of  the  Ordinance,  on  motion  of  Mr.  Orr, 
it  was 


THURSDAY,  JANUARY  2,  1862. 


331 


Orderp.d,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  DeSaussure,  leave  of  absence  was  granted  to  Mr. 
Maxcy  Gregg,  on  account  of  military  duty. 

On  motion  of  Mr.  Simpson,  the  doors  were  opened. 

On  motion  of  Mr.  Orr,  the  Convention  was  adjourned  at  twenty 
minutes  past  three  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


THURSDAY,   JANUARY   2,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
John  J.  Wannamaker. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
Barton, 
Bethea, 
Bobo, 
Boswell, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
•    'Calhoun, 
Campbell, 
Carlisle, 


Messrs.  Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

Clarke, 

Crawford, 

Curtis, 

Darby, 

Davant, 

DeSaussure, 

DeTreville, 

Duncan, 

Dunkin, 

DuPre, 

English, 

Evans, 

Fair, 


332 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Finlcy, 
Flud, 


Forster, 

Furuian, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  "William 

Grisham, 

Eanimond, 

Hanckel, 

Harllee, 

Harrison, 

Hayfie, 

Henderson, 

Hopkins, 

Hunter, 

Hutson, 

Inglis, 

Ingram, 

Jackson, 

Jcfferies, 

Johnson, 

Kershaw,  < 

Landrutn, 

Lawton, 

Lewis, 

Logan, 

McKee, 

McLcod, 

3Iagrath, 

IManigault, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 


Messrs.  Means, 

31i<ldleton,  John  Izard 
■    Middleton,  Williams 
Moore, 
Moorman, 
Nowcll, 
O'Hear, 

Palmer,  , 

Preston,    ' 
Quattlebaum, 
Keed, 
Rhodes, 

Richardson,  F.   D. 
Robinson, 
Rowell, 
Scott, 

Scabrook,  E.  M. 
Scabrook,  G.  W. 
Sessions, 
Shingler,  J.  M. 
Shingler,  W.  P. 
fcimpson, 
Sims, 

Smith,  J.  J.  P. 
Srayly, 
Suowden, 
Spratt, 
Springs, 
Stokes, 
Timmons, 
Tompkins, 
"Wannamaker, 
Ward  I  aw, 
Whitner, 
Wier, 
Williams, 
"Wilson,  I.  D. 
Wilson,  J.  H. 
Woods, 
Young. 


THURSDAY,  JANUARY  2,  1861    -  333 

ThQ  journal  of  yesterday's  proceedings  was  read. 

Mr.  C.  P.  SiiUivan,  Delegate  from  Laurens,  elected  to  fill  the  vacancy 
occasioned  by  the  death  of  Mr.  W.  D.  Watts,  appeared  at  the  Clerk's 
desk,  produced  his  credentials,  signed  the  roll,  and  took  his  seat. 

On  motion  of  Mr.  Keitt,  leave  of  absence  was  granted  to  Mr.  Orr, 
on  account  of  military  duty. 

On  Tuotion  of  Mr.  Keitt,  leave  of  absence  was  granted  to  Mr.  R.  Gr. 
M.  Dunjvant,  on  account  of  military  duty., 

.On  motion  of  Mr.  Quattlebaum,  leave  of  absence  Was  granted  to 
Mr.  Caughman,  for  this  day,  on  account  of  military  duty. 

Mr.  J.  J.  P.  Smith  offered  the  following  resolutions,  which  were 
considered  immediately,  and  were  agreed  to : 

Whereas,  It  is  both  agreeable  and  becoming,  that  this  Convention  of 
the  People  of  South  Carolina  express  its  sense  of  obligation  for,  and 
its  high  appreciation  of,  the  ready  assistance  furnished  by  our  sister 
IState  of  Georgia  to  the  forces  on  Hilton  Head,  on  the  occasion  of  the 
late  engagement : 

Therefore,  Resolved  tinanimonxly,  That  this  Convention  recognizes 
in  the  prompt  response  made  by  the  gallant  sons  of  Georgia  to  the  call 
for  aid  to  meet  the  late  attack  on  Port  Royal,  additional  evidence  of 
that  cordial  sympathy  and  cooperation  with  which,  from  the  beginning 
of  this  struggle,  they  have  cheered  and  supported  us. 

Resolved,  That  this  Convention  hereby  tenders  to  the  people  of 
Georgia,  in  behalf  of  the  people  of  South  Carolina,  their  warm  ac- 
knowledgments, and  the  assurances  of  fraternal  union  and  affection. 

Resolved,  That  the  President  of  this  Convention  be  requested  to 
transmit  a  copy  of  these  resolutions  to  his  Excellency  the  Governor  of 
Georgia,  and  to  Brigadier  General  A.  R.  Lawton. 

On  motion  of  Mr.  Harllee,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  A.  II.  15rown,  from  the  Special  Committee  No.  4,  made  a  report, 
and  reported  an  Ordinance  further  to  provide  for  the  harbor  and  coast 
defences  of  the  State,  which  was  read,  and  was  ordered  for  considera- 
tion to-morrow,  and  to  be  printed. 

GENERAL  ORDERS. 

The  report  of  the  Committee   on    the  Military,  on    a  resolution   of 


334       JOURNAL  OF  THE  CONVENTION, 

.  inqniry,  as  to  increasing  tlie  powers  of  the  Ailjntrint  (rencral,  was,  on 
iiiotion  of  Mr.  Harllee,  reeoiumittod  to  the  Committee. 

Mr.  Harllee  presented  the  report  of  the  Committee  on  the  Military, 
on  a  resolution  of  inquiry,  as  to  incrcasitif:  tiio  powers  of  the  Adjutant 
and  Inspector  General,  which  was  considered  immediately,  and  was 
agreed  to,  and  the  injunction  of  secrecy  removed. 

Mr.  Ilanckel  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Rctiolveil,  That  an  Act  of  the  General  Assembly  of  this  State,  enti- 
tled an  Act  to  provide  more  eificient  police  regulatioii.s  for  the  Districts 
of  the  seaboard,  passed  on  the  21st  December,  18()1,  be  referred  to 
Special  Committee  No.  1,  to  inquire  and  report  what  additions  to  or 
amendments  of  the  same  may  be  expedient. 

Mr.  Campbell  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to : 

Resolved,  That  it  be  referred  to  the  Military  Committee  to  inquire 
a^  to  the  measures  necessary  to  be  adopted  for  the  proper  arming  and 
equipping  of  the  organizations  of  Light  Artillery,  raised  in  this  iState, 
and  should  any  action  on  the  part  of  this  Convention  be,  in  their 
judgment,  important,  that  they  report  by  Ordinance  or  otherwise. 

Mr.  Quattlcbaum  offered  the  following  resolution,  which  was  consid- 
'   ered  immediately,  and  was  agreed  to  : 

Whereas,  Certain  printed  documents  ordered  to  be  di^^tributod  for  the 
use  of  the  Convention  in  secret  session,  have,  by  some  remissness  or 
inadvertence  on  the  part  of  certain  members,  fallen  into  the  hands  of 
the  Chairman  of  the  Committee  on  I'rinting  : 

Be.  il  Rcsolccd,  That^he  Chairman  of  the  Committee  on  Printing 
be  authorized  to  return  to  their  rightful  owners  such  documents  as 
have  fallen  into  his  hands,  upon  proper  application  being  made  to  him. 

SPECIAL  ORDER. 

'On  motion  of  Mr.  Barnwell,  the  Convention  resumed  the  considera- 
tion of  an  Ordinance  to  provide  for  the  removal  of  negroes  and  other 
property  fronj  portions  of  the  State  which  may  be  invaded  by  the 
<jnemy. 


THURSDAY,  JANUARY  2,  1862. 


335 


The  Ordinance  was  read,  and  the  question  being  put,  will  the  Con- 
vention agree  to  the  Ordinance  ?  it  passed  in  the  affirmative. 
Ytsas,  108  J  nays,  18. 
The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  aflSrmative,  are 


> 


Hon. 
Messrs.  Appleby, 
Atkinson, 
Ayer, 
Barnwell, 
Barron, 
■  Barton, 
Bcthca, 
Brabham, 
Brown,  A.  H. 
Cain, 
Caldwell, 
Carlisle, 
Carroll, 
Cauthen, 
Charles, 
Chesnut, 
Clarke, 
Crawford, 
Curtis, 
Darby, 
Davant, 
DeSaussure, 
Dc'rrcville, 
Duncan, 
Dunkin, 
DnPre, 
English, 
Fair, 
Finley, 
Flud, 
Fumian, 
Garlington, 
G'.iger, 


D.  F.  Jamison,  President;  and 
Messrs.  Gist, 

Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

•  Crregg,  William 

Grisham, 
Hammond, 
Hanckel, 
Harrison, 
Hayne, 
Henderson, 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
JeflTeries, 
^  Johnson, 
Lawton, 
Lewis, 
Jjogan, 
McCrady, 
McKec, 
McLcod, 
Magratli, 
Manigault, 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 


336 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Means, 

3Iiddleton,  J.  I. 

^liddleton,  Williams 

Moore, 

Moorman, 

Palmer, 

Pope, 

Preston, 

Quattlobaum, 

Kainey, 

Reed, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Rubinsou, 

Rowell, 

Scott, 

Scabrook,  E.  M. 

Scabrook,  G.  W. 

Sessions, 

Shingler,  J.  M. 


Messrs.  Shingler,  W.  P. 
Sims, 
^nowden, 
Spratt, 
Springs, 
Stokes, 
Sullivan, 

Thompson,  R.  A. 
Timmons, 
Tumpkin^5, 
Townsend, 
Wannumaker, 
Wardlaw, 
WJiitner, 
Wier, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 
Woods, 
Yountr. 


Those  who  voted  in  the  negative,  are 


Messrs.  Allison, 
Bobo, 
Bos  well, 
Brown,  C.  P. 
Calhoun, 
Evans, 
Forster, 


Messrs.  Harllee, 
Nowell, 
O'llear, 
Simpson, 
Smith,  J.  J.  P. 
Wilson,  W.  B. 


The  Ordinance  was  ordered  to  be  engrossed,  and  to  be  signed  by  the 
President  and  the  Clerk. 

An  Ordinance  to  exempt  overeeers  from  militia  duty  was  read,  was 
ordered  to  be  engrossed,  and  to  be  signed  by  the  President  and  the 
Clerk. 

On  motion  of  Mr.  A.  H.  Brown,  the  doora  were  opened. 

Mr.  Pope  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 


THURSDAY,  JANUARY  2,  1862.  337 

Resolved,  That  it  be  referred  to  the  Committee  oa  the  Constitutioa 
to  inquire  and  report  an  Ordinance  to  provide  for  the  representation  of 
the  Electoral  District  of  St.  Helena,  now  occupied  by  the  enemy;  and 
also  to  make  such  general  provisions  as  may  be  necessary  for  such  other 
Electoral  Districts  or  portions  of  Districts  as  may  fall  into  his  possession 
before  the  next  meeting  of  the  Legislature. 

On  motion  of  IMr.  Harllee,  leave  of  absence  was  granted  to  Mr. 
Logan,  on  account  of  military  and  official  duties. 

On  motion  of  Mr.  Hutsou,  leave  of  absence  was  granted  to  Mr. 
Scott,  on  account  of  military  duty. 

On  motion  of  Mr.  Calhoun,  business  was  suspended  at  four  o'clock, 
P.  M.,  until  seven  o'clock,  P.  M. 

RECESS. 

The  President  resumed  the  chair. 

On  motion  of  Mr.  Ayer,  leave  of  absence  was  granted  to  Mr.  Law. 
ton,  on  account  of  military  duty. 

On  motion  of  Mr.  Jefferics,  leave  of  absence  was  granted  to  Mt. 
Gadberry,  on  account  of  military  duty. 

On  motion  of  Mr.  E.  M.  Scabrook,  leave  of  absence  was  granted  to 
Mr.  Davant,  on  account  of  sickuess  in  his  family. 

On  motion  of  Mr.  J.  I.  Middlcton,  leave  of  absence  was  granted  to 
Mr.  Williams  ^Middleton,  on  account  of  military  duty. 

On  motion  of  Mr.  Spratt,  leave  of  abscBce  was  granted  to  Mr. 
Hanckel,  on  account  of  military  engagements. 

On  motion  of  Mr.  Bobo,  leave  of  absence  was  granted  to  Mr.  Lan- 
drum,  on  account  of  military  duty. 

On  motion  of  Mr.  Bobo,  leave  of  absence  was  granted  to  Mr.  Kil- 
gore,  on  account  of  military  duty. 

On  motion  of  Mr.  Wardlaw,  the  Convention  went  into 

SECRET    SESSION. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Wardlaw,  the  Convention  proceeded  to  the  con- 
sideration of  an  Ordinance  for  strengthening  the  Executive  Depart- 
ment during  the  exigencies  of  the  present  war;  which  had  been  made 
the  special  order  of  the  day  for  this  day. 

Mr.  Reed  moved  to  strike  out  the  first  section  of  the  Ordinance,  and, 
43 


338 


JOURNAL  OF  THE  CONVENTION. 


pending  the  consideration  thereof,  on  motion   of  Mr.  Hayne,  the  de- 
bate was  adjourned  till  to-morrow,  at  eleven  o'clock,  A.  31. 

On  motion  of  3Ir.  Wardlaw,  the  doors  were  opened. 

On  motion  of  Mr.  HarlleCj  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow  at  eleven  o'clock,  A.  M. 

On    motion    of  Jlr.    Fair,    the    Convention  was  adjourned  at  fifty 
minutes  past  nine  o'clock,  P.  31. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


FRIDAY,  JANUARY  3,  1802. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  clnir,  and  the  proceedings  were  opened  with  prayer  by  Rev.- 
D.  P.  Robinson. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Ijarton, 
Bethea, 
Bobo, 
i5oswell, 
Brabham, 
Brown,  A. 
Brown,  C. 
Cain, 
.  Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 


H. 
P. 


Messrs.  Carroll, 

Caughman, 

Cauthen, 

Charles, 

Clarke, 

Crawford, 

DeSuussure, 

Dunovant,  A.  Q. 

DuPre, 

English, 

Evans, 

Fair, 

Fin  ley, 

Flud, 

Forstcr, 

Furman, 

Garlington, 


FRIDAY,  JANUARY  3,  1862. 


339 


Messrs.  Geiger, 

Glofer,. 
*     Gotfdwin, 

Gourdin,  II.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisbam, 

Hamm.ond, 

Harrison, 

Hajne, 

Henderson, 

Hopkins, 

Hunter, 

Inglis, 

Ingram, 

Jackson, 

Jeflferies, 

Johnson, 

Lewis, 

McKee, 

McLeod, 

Manigault, 

ManninfT, 

Mauldin, 

Maxwell, 

Majes, 

I^Iazyck, 

Means, 

Middleton,  John  Izard 

Sloore,  ^ 

Moorman, 

Nowell, 

O'Hear, 

Palmer, 

Parker. 


Messrs.  Perrin, 

Porcher, 

Preston, 

Quattlebaum, 

Rainey, 

Reed, 

Rhodes, 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Seabrook,  E.  M. 

Seabrook,  G.  W. 
«       Sessions, 

Shingler,  J.  M. 

Shingler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Smyly, 

Snowden, 

Spratt, 

Springs, 

Stokes, 

Sullivan, 

Timmons, 

Tompkins, 

Townsend,    ' 

Wardlaw, 

Wier, 

Wilson,  I.  D. 

Wilson,  J.  H. 

Wilson,  W.  R. 

Woods, 

Younsr. 


The  journal  of  yesterday's  proceedings  was  rend. 
On  motion  of  Mr.  Reed,  leave  of  absence  wag  granted  to  Mr.  R.  A. 
Thompson,  on  account  of  military  duty. 


340  JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  Quattlebauui,  Messrs  Cauthen  and  Crawford  were 
added  to  the  Committee  on  Printing.  • 

Ou  motion  of  Mr.  Fair,  the  Convention  went  into 

SECRET  SESSION. 

Mr.  Fair,  from  the  Committee  on  Engrossed  Ordinances,  made  the 
following  report :  • 

The  Committee  on  Engrof5=cd  Ordinances  beg  leave  respectfully  to 
report,  that  the  following  Ordinances  referred  to  them  haVc  been  duly 
engrossed,  and  have  been  ratified  by  the  signature  of  the  President, 
and  the  attestation  of  the  Clerk,  to  wit : 

An  Ordinance  to  provide  for* the  removal  of  negroes  and  other  prop- 
erty from  portions  of  the  State  which  may  be  invaded  by  the  enemy; 

An  Ordinance  to  exempt  overseers  from  the  performance  of  militia 
duty. 

Mr,  Harllee  presented  the  report  of  the  Committee  on  the  Military, 
on  a  resolution  authorizing  officers  to  use  force  to  compel  persons  to 
arm  iu  defence  of  the  State ;  which  was  considered  immediately,  nnd 
was  agreed  to,  and  the  injunction  of  secrecy  removed. 

Mr.  Harllee,  from  the  Committee  on  the  Military,  made  reports 

On  a  resolution  in  relation  to  the  Surgeon  General's  Pepartment; 

On  a  resolution  in  relation  to  organizing  and  equipping  artillery 
companies ;  and 

On  a  resolution  of  inquiry  in  relation  to  the  public  arms ;  which  were 
severally  ordered  for  consideration  to-morrow. 

Mr.  Gist  orfered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  the  Delegates  from  the  pcvoril  Districts  in  which 
commissions  are  to  be  raised,  report  to  this  Convention  in  secret  session, 
to-morrow,  the  names  of  suitable  persons  for  such  commissions. 

SPECIAL  OllDER. 

On  motbn  of  Jlr.  Ilayne,  the  Convention  resumed  the  corisideration 
of  an  Ordinance  for  strengthening  the  Executive  Department  during 
the  exigencies  of  the  present  war. 

The  Convention  resumed  the  consideration  of  Mr.  Reed's  motion,  to 


FRIDAY,  JANUARY  3^  1862. 


341 


'strike  out  the  first  section  of  the  Ordinance ;   and  the  question  heing 
put,  will  the  Convention  agree  thereto  ?  it  passed  in  the  negative. 
Yeas,  30  ;    najs,  92. 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  aflSrmative,  are 


Messrs.  Appleby, 
Ayer, 
Bethea, 
Uoswcll, 
Calhoun, 
Cau^lnLan, 
Cauthen, 
Charles, 
Crawford, 
Evans, 
Geiger, 
Grishani, 
Harllce, 
Hopkins, 
Middleton,  John  Izard 


Messrs.  Moore, 

Quattlebaum, 
Keed, 
Rowell, 
•    Seabrook,  E.  M. 

Sessions, 
.  Shingler,  W.  P. 
Sims, 
Smyly, 
Spratt, 
Stokes, 
Sullivan, 
Timmous, 
Wilson,  I.  D. 
Woods. 


Those  who  voted  in  the  negative,  are 


Hon.  D. 
Messrs.  Allison, 
Atkinson, 
Barnwell, 
Barron, 
Barton, 
Bobo, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Campbell, 
Carlisle, 
Carroll, 
ChesDUt, 
Clarke, 


F.  Jamison,  President;  and 
]\Iessrs.  Curtis, 
Darby, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 

Dunovant,  A.  Q. 
DuPre, 
English, 
Fair, 
Fin ley, 
Flud, 
Forstcr, 
Furman, 
GarlingtoD, 
Gist, 


342 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Glover, 

Messrs.  Moorman, 

Goodwin, 
Gourdin,  R. 
Gourdin,  T. 

L. 

Nowell, 
O'llear, 
Palmer, 

Green, 

Gregg,  "William 

Hammond, 

Harrison, 

Parker, 
Perrin, 
Porcher, 
Preston, 

Hajne, 
Henderson, 

Rainey, 
Rhodes, 

Hunter, 
Hutson, 
Inglis, 

Richardsoif,  F.  D 
Richardson,  J.  P. 
Robinson, 

Ingram, 

Seabrook,  G.  W. 

Jackson, 

Jefferies, 

,    '   Johqgon, 

Korshaw, 

Shingler,  J.  M. 
^            Simons, 
Simpson, 
Smith,  J.  J.  P. 

Lewis, 
McCrady, 
McKee, 
McLeod, 

• 

,  Snowden, 
Springs, 
Tompkins, 
Townsend, 

IMagratli, 
Manigault, 

Wannamaker, 
Wardlaw, 

Manning, 
Mauldin, 

Whitner, 
Wier, 

Maxwell, 

Wilson,  J.  H. 

Mayes, 

Mazyck, 

Means, 

Wilson,  W.  B. 
Young. 

So  the  motion  was  not  agreed  to. 

Mr.  Magrath  offered  the  following  amendment : 


AN  ORDINANCE 

To  strengthen  the  Executive  Department,  during   the  exigencies  of 

the  present  war. 

We,  the  People  of  the  State  of  South   Carolina,  in   Convention  as- 


FRIDAY,  JANUARY  3,  1862,  343 

semhied,  do  declare  and  ordain,  and  it  is  lierehy  declared  and  or- 
dained as  folloics : 

1.  That  until  the  present  war  shall  have  terminated,  and  the  forces 
raised  in  this  State  for  the  prosecution  thereof  shall  be  disbanded ;  or 
until  it  shall  be  otherwise"  ordained  by  the  People  in  Convention,  the 
Governor  of  the  State  shall  be  assisted  in  the  discharge  of  the  duties 
and  the  exercise  of  the  powers  now  imposed  upon  or  enjoyed  by  him, 
under  the  Constitution  and  laws  of  this  State,  by  the  Lieutenant  Gov- 
ernor of  this  State,  and  three  citizens  of  this  State,  who  shall  be  called 
the  Executive  Council,  and  shall  be  elected  by  this  Convention.  And 
that  the  exercise  of  the  extraordinary  powers  hereinafter  given,  shall 
be  committed  to  the  Governor,  Lieutenant  Governor  and  the  said 
Council  jointly.  And  of  these  a  majority  must  concur  in  the  opinion 
of  an  existing  necessity  for  the  exercise  of  any  such  power  before  such 
exercise  of  it  shall  be  authorized  by  this  Ordinance. 

2.  That  to  one  of  the  said  Council  shall  be  committed  the  manage- 
ment, direction  and  control  of  everything  in  this  State  which  relates  to 
the  finances  of  this  State.  To  another  of  the  said  Council  shall'  be 
committed  the  management,  direction  and  control  of  all  that  relates  to 
the  militia,  and  the  fcrces  of  this  State  in  the  service  of  the  Confederate 
States;  their  organization,  discipline  and  equipment.  And  to  the  third 
member  of  the  Council  shall  be  committed  the  inanagemeut,  direction 
and  control  of  all  matters  that  relate  to  the  internal  police  of  the  State, 
questions  of  patrol,  the  government  of  negroes,  as  connected  with  the 
maintenance  of  internal  peace  and  the  welfare  of  the  State. 

3.  That  each  member  of  the  Council  thus  constituted  the  head  of 
these  several  Departments,  shall  organize  it  for  the  efficient  transaction 
of  its  busipess;  and  shall  keep  the  Governor  constantly  advised  of  the 
condition  of  the  business  of  such  Department.  All  orders  made  by 
the  head  of  each  Department  shall  be  signed  by  him,  after  it  has  been 
approved  by  the  Governor. 

4.  Each  member  of  the  Council,  as  the  head  of  a  Department,  shall 
keep  an  accurate  account  of  all  business  done  in  his  Department  in 
suitable  books  of  permanent  form.  And  at  any  meeting  of  this  Con- 
vention or  of  the  General  Assembly,  a  report  of  its  transactions  shall 
be  made  through  the  Governor. 

5.  Each  member  of  the  Council  shall  receive  an  annual  salary  of 

$ ,  payable   quarterly  ;  and  shall   be  allowed  to  employ   a 

clerk,  at   an  annual  salary  not  exceeding  S ,  payable  quar- 
terly.   And  such  salaries,  and  the  necessary  expenses  for  providing  books 


344  JOURNAL  OF  THE  CONVENTION, 

and  furniture  for  each  Department,  shall  be  paid  by  the  Treasury  of 
the  State,  upon  the  draft  or  order  of  the  member  of  the  Council  in 
charge  of  the  finances  of  the  State,  countersigned  by  the  Governor. 

0.  The  Council  shall  keep  an  accurate  roci.rd  of  all  its  consu](ations 
and  proceedings.  And  any  member  thereof  shall  have  the  privilege  of 
filing,  and  thereby  preserving  as  a  part  of  its  record,  his  dissent  from 
its  proposed  action  in  any  case. 

7.  -It  shall  be  the  duty  of  the  Lieutenant  Governor  to  take  the  place 
of  the  Governor  whenever  he  may  be  unable  to  attend  the  consulta- 
tions of  the  Council,  and  under  the  same  circumstances  to  discharge 
all  the  duties,  and  exercise  all  the  powers,  which  belong  to  the  Governor. 
And  he  shall  be  entitled,  during  the  continuance  of  the  Council,  to  the 
same  compensation  as  is  allowed  to  a  member  of  the  Council. 

8.  Vacancies  in  the  Council  shall  be  filled  by  the  Governor,  with 
the  concurrence  of  the  Council.  And  the  citizen  of  this  State,  so  ap- 
pointed, shall  discharge  the  duties  and  exercise  the  powers  of  a  mem- 
ber of  the  Council  until  bis  nomination  shall  have  been  reported  to, 
and  confirmed  or  rejected  by,  tljis  Convention  or  the  Senate  of  the 
State.  And  such  appointment  shall.be  reported  to  either  of  these 
bodies  which  may  bo  in  session  at  the  time  of,  or,  first  after  such  ap- 
pointment. 

9.  During  the  invasion  of  this  State,  and  if  neither  the  General  As- 
sembly of  this  State  or  this  Convontii^n  shall  be  in  session,  and  the 
emergencies  of  the  case  shall  rofjuiro  it,  the  Governor  and  the  Execu- 
tive Council  shall  be,  and  are  hereby,  authorized  to  exercise  any  power, 
which  rightfully  belongs  to,  and  could  be  exercised  by,  this  Convention. 
But  the  exercise  of  su.-h  power  shall  not  be  continued  longer  than  the 
emergency  which  calls  for  its  interposition. 

On  motion  of  31  r.  WarJlaw,  the  amendment  was  ordered  to  be 
printed. 

On  motion  of  iMr.  Ilarllce,  it  was 

Ordered,  That  when  the  Convention  adjourns,  it  shall  be  adjourned 
to  meet  to-morrow,  at  eleven  o'clock,  A.  M. 

On  motion  of  Mr.  Ilarllce,  the  Convention  was  adjourned  at  twenty- 
five  minutes  past  three  o'clock,  D.  M.  • 

]J.  F.  ARTHUR, 

Chrk  of  the  Convention. 


SATURDAY,  JANUARY  4,  1862. 


345 


SATURDAY,  JANUARY  4,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
B.  F.  Mauldiii. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names  : 


Messrs.  Allison, 

Atkinson, 

Barnwell, 

Barron, 

Barton, 

Bellin<xer, 

Bethea, 

Bobo, 

Boswell, 

Brown,  A.  H. 

Brown,  C.  P. 

Cain, 

Caldwell, 

Calhoun, 

Campbell, 

Carlisle, 

Carroll, 

Caughman, 

Cauthen, 

Clarke, 

Crawford, 

Curtis, 

Darby, 

DeSaussure, 

Dunkin, 

Duuovant,  A.  Q. 

DuPrc, 

Evans, 

Fair, 

Finley, 

Flud, 

41 


Messrs.  Forster, 

Furnian, 

Garlington, 

Geiger, 

Gist, 

Glover, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Hammond, 

Harllee, 

Harrison, 

Henderson, 

Hopkins, 

Hunter, 

Inglis, 

Jackson, 

Jefferies, 

Jenkins,  John 

Johnson, 

McLcod, 

Magrath, 

Manigault, 

Manning, 

Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 

Means, 


346 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Middleton,  John  Izard 
IVIoore, 
Moorman, 
Newell, 

O^Hear,  • 

Palmer, 
Parker, 
Perrin, 
Porcher, 
Quattlebauiu, 
Kainey, 
Heed, 
Rhett,' 
.  Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Robinson, 
Rowell, 

Seabrook,  E.  M. 
Seabrook,  G.  W. 


Messrs.  Sessions, 

Shinglcr,  J.  M. 

Shingler,  W.  P. 

Simons, 

Sims, 

Smith,  J.  J.  P. 

Smyly, 

Snowden, 

Springs, 

Sickes, 

Sullivan, 

Tompkins, 

AVannjimakcr, 

"Wardlaw, 

Wier, 

Wilsion,  I.  D. 

Wilson,  J.  II. 

Wilson,  W.  13. 

Woods, 

Young. 


The  journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  Young,  leave  of  absence  was  granted  to  Mr. 
Williams,  on  account  of  indisposition. 

On  motion  of  Mr.  DeSaussurc,  leave  of  absence  was  granted  to  Mr. 
Means,  on  account  of  military  duty. 

On  motion  of  Mr.  Springs,  leave  of  absence  was  granted  to  Mr.  VV. 
B.  Wilson,  on  account  of  military  duty. 

On  motion  of  Mr.  Barnwell,  the  Convention  went  into 

SECRET  SESSION. 

Mis  a.  II.  Brown  offered  the  following  resolution,  which  was  cpn- 
sidered  immediately,  and  was  referred  to  Special  Committee  No.  1  : 

Resolved,  That  any  person  or  persons  willing  immediately,  or  in  an- 
ticipation of  the  order  of  the  commission,  to  remove  their  negroes  and 
necessary  provisions  for  their  support  under  the  terms  of  an  Ordinance 
entitled  "  An  Ordinance  to  provide  for  the  removal  of  negroes  and  other 
property  from  portions  of  the  State  that  may  be  invaded  by  the 
enemy,"  be  and  the  same  are  hereby  entitled  to  receive  all  such  aid,  on 


SATURDAY,  JANUARY  4,  1862.  347 

application  to  the  coramissioo,  as  is  prescribed  bj  said  Ordinance  to  be 
afforded  to  those  who  remove  on  notice ;  and  the  commission  is  hereby 
directed  to  alford  the  said  aid,  so  far  as  the  same  may  be  expedient  or 
practicable  ;  and  further,  that  all  means  of  transportation  shall  be  af- 
forded by  corporations  and  private  ferries  under  the  terms  of  said 
Ordinance. 

Mr.  Wardlaw,  from  the  Committee  on  the  Constitution,  made  a  re- 
port, and  reported  an  Ordinance  to  enable  citizens  of  this  State  who 
are  engaged  in  military  service  to  exercise  the  right  of  suffrage  ;  which 
was  read,  was  ordered  to  be  printed,  and  was  made  the  special  order  of 
the  day  for  Monday  next,  »t  eleven  o'clock,  A.  M. 

Mr.  Wardlaw,  from  the  Committee  on  the  Constitution,  made  a  j-e- 
port,  and  reported  an  Ordinance  to  provide  for  holding  elections  for 
Districts  occupied  or  threatened  by  the  enemy,  which  was  read,  was 
ordered  to  be  printed,  and  was  made  the  special  order  of  the  day  for 
Monday  next,  at  twelve  o'clock,  M. 

Mr,  Simons  offered  the  following  resolution,  which  was- considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  it  be  referred  to  the  Committee  on  the  Military  to 
inquire  and  report  upon  the  propriety  of  forthwith  organizing  from  the- 
volunteer  corps  of  the  City  of  Charleston,  attached  to  the  4th  Brigade, 
their  fjuota  of  volunteers  or  drafted  men  for  the  military  service  of  this 
State  and  the  Confederate  States. 

Mr.  Ilarllce,  from  the  Committee  on  the  Military,  made  reports 

On  the  communication  of  his  Excellency  the  Governor,  and  accom- 
panying documents  ; 

On  a  resolution  of  inquiry  as  to  the  organization  of  certain  portions 
of  the  militia  ; 

On  a  resolution  of  inquiry  respecting  the  appointment  of  ofiQcers  in 
cases  of  draft ; 

On  an  Ordinance  to  provide  an  armed  force  for  the  defence  of  the 
State;  which  were  severally  ordered  for  consideration  on  ^Monday  next. 

Mr.  ilarllee,  from  the  Committee  on  the  Military,  made  a  report, 
and  reported  an  Ordinance  in  relation  to  a  portion  of  the  militia;  which 
was  read,  and  "was  ordered  for  consideration  on  Monday  next. 

The  delegation  from  the  Districts  of  Charleston,  (icorgetown,  Beau 
fort,  Colleton   and   Horry,  respectively,  nAde  reports,  recommending 
the  following  persons  to  compose  the  Commissions   for  those  Districts 


348  JOURNAL  OF  THE  CONVENTION, 

respectively,  under  an  Ordinance  entitled  an  Ordinance  to  provide  for 
the  removal  of  negroes  and  other  property  from  portions  of  the  State 
which  may  be  invaded  by  the  enemy  : 

Fur  Charleston  District — Messrs.  Alexander  Mazyck,  A.  H.  IJrown 
and  Henry  M.  Mani<r:iult. 

Fur  Geortjcfoicn  JJiatrict — ]\loPsrs.  Francis  S.  Parker,  Robert  F.  W. 
Allston  and  Ralph  Izard  Middieton. 

For  Braufort  District — Messrs.  Langdon  Cheves,  William  Howard 
and  Williams  Middieton. 

For  Colleton  District — Messrs.  Charles  T.  Lowndes,  James  Harllee 
and  Morton  Clement. 

Fur  Iloni/  District — Messrs.  Charles  Alston,  Jr.,  William  J.  Gra- 
ham and  Francis  J.  Sessions. 

Whereupon  Mr.  Dunkin  offered  the  following  resolution,  which  was 
considered  immediately,  and  was  agreed  to : 

Resolved,  That  the  persons  recommended  for  the  commissions  for 
the  Districts  of  Charleston,  Georgetown,  Horry,  Beaufort  and  Colleton, 
be,  and  they  are  hereby,  declared  to  be  duly  elected. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Magrath,  the  Convention  resumed  the  considera- 
tion of  an  Ordinance  for  strengthening  the  Executive  Department 
during  the  exigencies  of  the  present  war,  which  had  been  made  the 
special  order  of  the  day  for  this  day. 

Mr.  Magrath  moved  that  the  Ordinance  reported  by  the  Committee 
be  ordered  to  lie  on  the  table,  which  motion  was  agreed  to. 

Mr.  Magrath  introduced  the  following  Ordinance  : 

AN  ORDINANCE 

To  strengthen  the  Executive  Department,  during  the  exigencies  of  the 

present  war. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordaiji,  and  it  is  lienhj/  declared  and  ordained, 
as  follows : 

Sec.  1.  That  until  the  present  war  shall  have  terminated,  and  the 
forces  raised  in  this  State  fo»  the  prosecution  thereof  shall  be  disbanded, 
or  until  it  shall  be  otherwise  ordained  by  the  Peuple  in  Convention,  the 


SATURDAY,  JANUARY  4,  1862.  349 

(lovercor  of  the  State  shall  be  assisted  in  the  discharge  of  the  duties  and 
the  exercise  of  the  powers  now  imposed  upon  or  eujojed  by  him  under 
the  Constitution  and  laws  of  this  State,  by  the  Lieutenant  Governor  of 
this  State  and  three  citizens  of  this  State,  who  shall  be  called  the  Ex- 
ecutive Council,  and  shall  be  elected  by  this  Convention. 

Sec.  2.  That  to  one  of  the  said  Council  shall  be  committed  the 
management,  direction  and  control  of  every  thing  in  this  State  which 
relates  to  the  finances  of  this  State.  To  another  of  the  said  Council 
shall  be  committod  the  management,  direction  and  control  of  all  that 
relates  to  the  militia,  and  the  forces  of  this  State  in  the  service  of  the 
Confederate  States,  their  organization,  discipline  and  equipment.  And 
to  the  third  member  of  the  Council  shall  be  committed  the  manao-e- 
ment,  direction  and  control  of  all  matters  t!iat  relate  to  the  internal 
police  of  the  State;  questions  of  patrol  ;  the  government  of  notrroes, 
as  connected  with  the  maintenance  of  internal  peace  and  the  welfare 
of  the  State. 

Sec.  3.  That  each  member  of  the  Council,  thus  constituted  tlie 
head  of  these  several  departments,  shall  organize  it  for  the  efficient 
transaction  of  its  business,  and  shall  keep  the  Governor  constantly  ad- 
vised of  the  condition  of  the  business  of  such  department.  All  orders 
made  by  the  head  of  each  dc]»artn)ent  shall  be  signed  by  him,  after  it 
has  been  approved  by  the  Governor. 

Sec.  4.  Each  niLMubcr  of  the  Council,  as  the  head  of  a  department, 
shall  keep  an  accurate  account  of  all  business  done  iu  his  department, 
in  suitable  books  of  permanent  form.  And  at  any  meeting  of  this 
Convention  or  or"  the  General'  Assembly,  a  report  of  its  transactions 
shall  be  made,  through  the  Govsrnor. 

Sec.   5.  Each  meuiber  of  the  Council  shall  receive  an    annual  salary 

of? ,  payable   quarterly;  and   shall   be  allowed   to  employ  a 

clerk,  at  an  annual  salary  not  exceeding  ? = ,  payabh;  <]uarterly. 

And  such  salaries,  and  the  necessary  expenses  for  providing  hooks  and 
furniture  for  each  department,  shall  be  paid  by  the  Treasury  of  the 
State,  upon  the  draft  or  order  of  the  member  of  the  Council  in  charge 
of  the  finances  of  the  State,  court tersiirned  by  the  Governor. 

Sec.  6.  The  Council  shall  keep  an  accurate  record  of  all  its  consul- 
tations and  proceedings.  And  any  member  thereof  shall  have  the 
privilege  of  filing,  and  thereby  preserving,  as  a  part  of  its  necord,  his 
dissent  from  it.s  proposed  action  in  any  case. 

Sec.  7.  It  shall  be  the  duty  of  the  Lieutenant  Governor  to  take  the 
place  of  the  Governor  whenever  he  may  be  unable  to  attend  the  cou- 


350  JOURNAL  OF  TIIK  CONVENTION, 

saltation  of  the  Council ;  and,  under  the  same  circumstances,  to  dis- 
charge all  the  duties,  and  exercise  all  the  powers,  which  belong  to  the 
Governor.  And  he  shall  be  entitled,  during  the  continuance  of  the 
Council,  to  the  same  compensation  as  is  allowed  to  a  member  of  the 
Council. 

Sec.  8.  Vacancies  in  the  Council  shall  be  filled  by  the  Governor, 
with  the  concurrence  of  the  Council.  And  the  citizen  of  this  State 
so  appointed,  shall  discharge  the  duties  and  exercise  the  powers  of  a 
member  of  the  Council,  until  his  nomination  shall  have  been  reported 
to,  and  confirmed  or  rejected  by,  this  Convention  or  the  Senate  of  the 
State.  And  such  appdintment  shall  be  reported  to  either  of  these 
bodies  which  may  be  in  session  at  the  time  of,  or  first  after  such 
appointment. 

Sec.  n.  During  (he  invasion  of  this  State,  and  if  neitlier  the  Gen- 
eral Assembly  of  this  State,  or  this  Convention  shall  be  in  session,  and 
the  exigencies  of  the  case  shall  require  it,  the  Governor  and  the  Ex- 
ecutive Council  shall  be  and  are  hereby  authorized  to  exercise  any 
•power,  which  rightfully  belongs  to  and  could  be  exercised  by  this  Con- 
vention. But  the  exercise  of  such  power  shall  not  be  continued  longer 
than  the  emergency  which  calls  for  its  interposition. 

Mr.  Haync  moved  to  strike  out  the  first  section  of  the  Ordinance 
off"ered  by  Mr.  Magrath,  and  insert  the  first  section  of  the  Ordinance 
reported  by  the  Committee,  and,  pending  the  consideration  thereof, 
on  motion  of  Mr.  Bobo,  the  doors  were  opened. 

On  motion,  leave  of  absence  was  granted  to  ]Mr.  llutson,  on  account 
of  the  proximity  of  the  enemy  to  his  residence. 

On  motion  of  Mr.  Carroll,  leave  of  absence  was  granted  to  Mr. 
Noble,  on  account  of  military  duty. 

On  motion  of  Mr.  Chcsnut,  leave  of  absence  was  granted  to  Mr. 
Kershaw,  on  account  of  military  duty. 

On  motion  of  Mr.  Simpson,  leave  Df  absence  was  granted  to  Mr. 
Whitner,  on  account  of  indis'position. 

On  motion  of  Mr.  A.  II.  Brown,  the  Convention  was  adjourned  at 
fifteen  minutes  past  four  o'clock,  P.  M, 

B.  F.  AllTllUIl,      . 

Cleric  of  the  Convention. 


,  MONDAY,  JANUARY  6,.  1862. 


351 


MONDAY,  JANUARY  6,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furnion. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  :  • 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton , 
Bethea, 
Bobo, 
Boswell, 
Brabham,* 
Brown,  A.   U. 
Caldwell, 
Calhoun, 
Campbdl, 
Carlisle, 
Caughman, 
Cauthen, 
-    Chcsnut, 
Crawford, 
Curtis, 
Davis, 
Dunkiu, 

Dunovant,  A.  Q. 
Dul^e, 
Evans, 
Fair, 
Fin  ley, 
Flud, 
Furraau, 
Qarlington, 
Geiger, 


Messrs.  Gist, 

Glover, 

Goodwin,  • 

Gourdin,  R,  N. 
Gourdin,  T.  L. 
Green, 
Grishani, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Hunter, 
,Hutson, 
Jackson, 
Jeiferies, 
Lewis, 
McLeod, 
Magrath, 
Manigault, 
Mauldin, 
Maxwell, 
Mayes, 
Mazy  ok, 

Middletou,  John   IzarS 
Moore, 
Jloorman, 
Nowell, 
O'Hear, 
I'arker, 
Perriu, 
Porcher, 


352       JOURNAL  OP  THE  CONVENTION, 

Messrs.  Preston,  Messrs.  Smith,  J.  J.  P. 

Quattlebaum,  Springs, 

Keer!,  Stokes, 

Rhodes,  Sullivan, 

Richardson,  F.  D.  Toiiipkius, 

Rowell,  Wardlaw, 

Seabrook,  E.  M.  Wier, 

Sessions,  Wilt^oii,  I.  D. 

Shingler,  J.  M.  Wilson,  J.  H. 

Simons,  Woods, 

Simpson,  Young. 
Sims, 

The  journal  of  Saturday's  proceedings  was  read. 
Mr.  Allison  oflered  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to : 

Resolved,  That  the  President  of  the  Convention  is  authorized  and 
directed  to  issue  his  warrants  upon  the  Treasury,  in  the  usual  form,  for 
the  payment  of  all  sums  of  money  allowed  by  the  Convention. 

Resolved,  That  the  same  compensation  be  allowed  the  members  of 
this  Convention,  during  its  present  sitting,  as  members  of  the  Legis- 
lature receive,  and  that  tlte  President  of  the  Convention  issue  certifi- 
cates or  warrants,  therefor,  in  the  usual  form.  • 

Resolved,  -That  the  Clerk,  Messenger,  Doorkeeper,  Engrossing 
Clerks  and  Solicitor  of  the  Convention,  receive,  severally,  as  compen- 
sation for  their  services  during  the  present  sitting  thereof,  the  same 
rate  of  payment,  in  proportion  to  the  time  they  serve,  as  is  allowed  the 
same  ofik;ers  of  the  House  of  Representatives  of  this  State. 

Resolved,  That  the  President  of  the  Convention  is  authorized  and 
directed  to  draw  his  warrant  upon  the  Treasury  for  whatever  sum  may 
be  reported  to  him  by  the  Clerk  as  due  for  stationery  and  any  expenses 
incidental  to  his  office,  not  otherwise  directed  to  be  paid  by  the  Con- 
vention. 

Mr.  Quattlebaum  presented  the  account  of  the  Marion  Star,  for 
advertising;  wiiich  was  referred  to  the  Committee  on  Accounts. 

On  motion  of  Mr.  Chesnut,  the  communication  of  Mr.  Withers, 
resigning  his  seat  as  a  member  of  the  Convention,  was  taken  up  from 
the  table,  and,  on  motion  of  Mr.  Chesnut,  *tho  resignation  was  ac- 
cepted. 


MONDAY,  JANUARY  6,  1862. 


353 


Mr.  Sullivan  introduced  an  Ordinance  to  afford  pecuniary  relief  to 
the  people  of  this  State,  and,  pending  the  consideration  thereof,  on 
motion  of  Mr.  Moorman,  the  Convention  went  into 

SECRET  SESSION. 

An  Ordinance  (introduced  by  Mr.  Sullivan,  in  open  session)  to 
afford  pecuniary  relief  to  the  people  of  this  State,  was  read,  was  or- 
dered for  consideration  to-morrow,  and  to  be  printed. 

Mr.  Barnwell  presented  a  verbal  report  from  Special  Committee  No. 
1,  on  resolutions  offered  by  Mr.  A.  H.  Brown,  recommending  that  they 
be  adopted,  which  report  was  considered  immediately,  and  was  agreed 
to. 

SPECIAL   ORDER. 

On  motion  of  Mr.  Barnwell,  the  Convention  resumed  the  considera- 
tioa  of  an  Ordinance  for  strengthening  the  Executive  Department 
during  the  exigencies  of  the  present  war,  which  had  been  made  the 
special  order  of  the  day  for  this  day. 

Mr.  Moore  moved  that   the  Ordinance,  together  with  the  amend- 
ments thereto,  be  ordered  to  lie  on  the  table;  and  the  question  being 
put,  will  the  Convention  agree  thereto  ?  it  passed  in  the  negative. 
Yeas,  30  ;  nays,  83.      ^ 

The  yeas  and  nays  were  demanded,  and  are  as  follows: 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 
Appleby, 
Ayer, 
Barron, 
Bethea, 
Bobo, 
Boswell, 
Calhoun, 
Caughman, 
Cauthen, 
Crawford, 
Evans, 
Geiger, 
Grisham, 
Hammond, 
45 


Messrs.  Harllee, 
Hunter, 
Lewis, 
Maxwell, 

Middleton,  J.  Izard 
Moore, 
Quattlebaum, 
Rainey, 
Rowell, 
Sessions, 
Smyly, 
Spratt, 
Stokes, 
Sullivan, 
Woods. 


354  JOURNAL  OF  THE  CONVKNTION, 

Thoiic  wlio  Voted  in  tho  iioirative,  are 


Hon.  D.  F. 
Messrs.  Atkinson, 
JJarnwell, 
Barton, 
Bellinfjer, 
Brablian), 
Brown,  A.  H.  . 
Brown,  C.  P. 
Cain, 
Caldwell, 
Campbell, 
Carlisle, 
Carroll, 
Charle.^, 
Chcsnut, 
Clarke, 
-  Curtis, 
Darbj, 
Davis, 
DeSa  assure, 
DeTreville, 
Duncan, 
Dunkin, 

T>unovant,  A.  Q. 
DulVc, 
Fair, 
Fin  ley, 
Fiud, 
Forster, 
Fur  man, 
Garlington, 
Gist, 
Glover, 
Goodwin, 
Gourd! n,  R.  N. 
Gourdiu,  T.  L. 
Green, 
Harrison, 


Jamison,  President,  and 
Messrs.  Ilayue, 

Henderson, 
Hutson, 
Tnplis, 
Jackson, 
Jefferiea, 
,  Keitfc, 
^IcCradj, 
3IcLeod, 
Mag  rath, 
Manigault, 
Planning, 
Mauldin, 
Mayes, 
Mazjck, 
Moorman, 
Nowell, 
O'Rcar, 
Palmer, 
Parker, 
Perrin, 
Porchcr, 
Preston, 
Heed, 
Khett, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
»  Rcjbinson, 

tjcabrodk,  E.  M, 

Seabrook,  G.  W. 

Shin  trier,  J.  M. 

Simons, 

Simpson, 

Siiiis, 

Smith,  J.  J.  K 

Snowdtn, 


MONDAY,  JANUARY  6,  1862.  355 

Messrs.  Sprin2:s,  Messrs.  Wier, 

Tompkins,  Wilson,  I.  T>. 

T  WMsend,  Wilson,  J.  H. 

Wardlaw,  Young. 

So  the  motion  ■was  uoL  agreed  to. 

On  motion  of  Mr.  ]3arnwell,  the  Ordinance,  together  with  the 
amendments  tliereto,  was  recomuiittod  to  the  Cominittce.  <■ 

Mr.  Barnwell  oifcred  the  following  resolution,  which  was  consiaered 
immediately,  and  was  agreed  to :  • 

Resolved,  That  four  members  be  added  to  the  Special  Committee 
No.  5. 

Whereupon,  the  President  announced  that  the  following  gentlemen 
are  added  to  Special  Committee  No.  5  : 

Mea.srs.  A.  G.  Magratli,  11.  B.  llhett,  I.  W.  Ilayne  antl  L.  W. 
Spratt. 

On  motion  of  jMr.  Birnwell,  tho  injunction  of  secrecy  was  removed 
from  an  Ordinance  to  cxeuipt  overseers  Irom  the  perturmancc  of  militia 
duty. 

Mr.  Barnwell  ofl'ered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  the  injunction  of  secrecy  be  removed  in  relation  to 
the  OrdioaDce  providing  for  the  removal  of  slaves,  and  the  resolution 
amendatory  thereof,  in  so  far  as  to  permit  the  communication  of  a  cer- 
tified copy  of  the  Ordinance  to  each  of  the  Coiuinissioners,  with  leave 
to  make  known  so  much  of  the  Ordinance  as  may  be  necessary  to  the 
several  pariies  interested  therein,  t«>  the  commanding  General  of  the 
Confederate  forces,  and  to  the  commanding  officer  of  each  District; 
and  that  the  President  be  instructed  to  notify  the  Commissioners  of 
their  election. 

Ihe  President  laid  before  the  Convention  the  following  commuiiica^ 
tion,  which,  on  motion,  was  referred  to  the  Committee  on  the  Military: 

Columbia,  S.  C,  January  G,  1862. 
Ge.neral  Jamison, 

Prriident   Sinie    Convention  : 
Dear  Sir  :  We  are  employed   in   the  manufacture  of  cotton   and 


356  JOURNAL  OF  THE  CONVENTION, 

woollen  goods,  and  clothing  for  the  State,  on  quite  a  large  scale,  and 
find  our  operations  likely  to  be  stopped  by  the  call  on  our  employees  for 
the  service  of  the  State.  Believing  that  our  stoppage  would  be  a 
source  of  serious  inconvenience  and  injury,  not  only  to  the  troops  need- 
ing uniforms,  but  also  to  the  people  of  the  State  at  large,  we  are  in- 
duced to  apply  to  the  Convention  thr<iugh  you,  to  have  our  present 
operatives  excused  from  military  duty.  We  have  now  nearly  one 
thousand  persons  etnployed,  and  among  them  not  more  than  forty  men, 
only  about  one  half  of  whom  are  liable  to  duty — these  we  wish  to  get 
excused.  Our  ordinary  'complement  of  men  is  from  eighty  to  ope 
hundred.  We  are  already  reduced  more  than  one-hall",  and  those  we 
have  left  are  principally  overseers  and  foremen — men  of  experience, 
whom  we  could  not  replace,  and  whose  services  are  indispensable  to  us. 
Respectfully,  &c., 

JAMES  G.  GIBBES  &  CO. 

Mr.  Reed  offered  the  following  resolution,  which  was  considered  im- 
mediately, and  was  agreed  to  : 

Resolved,  That  the  Committee  to  whom  has  been  recommitted  the 
matters  touching  the  Executive  Depurtmeut,  have  leave  to  print  their 
report,  and  that  it  be  made  the  special  order  for  to-morrow,  at  eleven 
o'clock,  A.  M. 

James  H.  Diseker,  one  of  the  printers  of  the  Convention,  attended 
at  the  Clerk's  desk,  and  the  oath  of  secrecy  was  administered  to  him 
by  the  President. 

SPECIAL  ORDER.    ' 

On  motion  of  Mr.  VVardlaw,  the  Convention  proceeded  to  the  con- 
sideration of  an  Ordinance  to  enable  citizens  of  this  State  who  are  en- 
gaged in  military  service,  to  exercise  the  right  of  suffrage,  which  had 
been  made  the  special  order  of  the  day  for  this  day,  at  eleven  o'clock, 
A.  M. 

The  Ordinance  was  read,  was  agreed  to,  and  was  ordered  to  be  en- 
grossed, and  to  be  signed  by  the  President  and  the  Clerk,  and  the  in- 
junction of  secrecy  was  removed. 

SPECIAL  ORDER. 
On    motion  of  Mr.  Wardlaw,  the.  Convention   proce*led   to  the  con- 


MONDAY,  JANUARY  6,  1862.  357 

sideration  of  an  Ordinance  to  provide  for  holding  elections  foi* Districts 
occupied  or  threatened  by  the  enemy,  which  had  been  made  the  special 
order  of  the  day  for  this  day,  at  twelve  o'clock,  M. 

The  Ordiuance  was  read,  was  agreed  to,  was  ordered  to  be  engrossed, 
and  to  be  signed  by  the  President  and  the  Clerk,  and  the  injunction  of 
secrecy  was  removed. 

On  motion  of  Mr.  Reed,  the  Convention  proceeded  to  the  considera- 
tion of  the 

GENERAL  ORDERS. 

The  report  of  the  Committee  on  the  Constitution  on  a  resolution  of 
inquiry  as  to  the  offices  of  (Comptroller  General  and  Treasurers  of  the 
Upper  and  Lower  Divisions,  was  taken  up.  Mr.  Bobo  moved  that  the 
report  be  ordered  to  lie  on  the  table,  which  motion  was  not  agreed  to. 

The  report  was  agreed  to,  and  the  injunction  of  secrecy  was  removed. 

An  Ordinance  to  suspend  in  part  the  Act  of  the  General  Assembly 

of   this  State,  ratified   the  *— —  day  of ,  17^7,   was  read,  was 

agreed  to,  and  was  ordered  to  be  engrossed,  and  to  be  signed  by  the  Presi- 
dent and  the  Clerk,  and  the  injunction  of  secrecy  was  removed. 

The  report  of  the  Committee  on  the  Constitution  on  a  resolution  of 
inquiry  as  to  suspending  the  twenty-ninth  section  of  the  first  Article  of 
the  Constitution,  was  agreed  to. 

The  report  of  the  Committee  on  the  Military  on  a  resolution  of  in- 
quiry as  to  the  liability  of  aliens  to  perform  militia  duty,  was  taken  up.  ' 

On  motion  of  Mr.  Harllee,  business  was  suspended  at  forty-five 
minutes  past  one  o'clock,  P.  M.,  till  seven  o'clock,  P.  M. 

RECESS. 

The  President  resumed  the  chair. 

On  motion  of  31r.  Mazyck,  th^  further  consideration  of  the  report 
was  indefinitely  postponed. 

The  Central  Orders  were  suspended. 

Mr.  Harllee  offered  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow  : 

Resolved,  That  the  Governor  do  cou-muiiicate  to  the  President  of  the 
Confederate  States,  as  the  earnest  request  of  this  body,  that  additional 
troops  and  munitions  of  war  should  be  seRt  for  the  defence  of  this 
State  and  its  extended  seaboard. 


358  JOURNAL  OF  THE  CONVENTION, 

Mr.  Mazyck  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  referred  to  the  Coiuaiittee  ou  the  Military: 

Resolved,  That  the  Governor  be,  and  he  is  hereby,  authorized  to 
continue,  for  one  year,  the  commissions  issued  by  him  to  the  officers  of 
volunteer  companies  formed  in  tlie  Districts  adjacent  to  the  seacoast  for 
local  service,  in  pursuance  of  the  resolution  of  the  Convention,  passed 
on  the  8th  day  of  April  last. 

Mr.  Sullivan  ottered  the  following  resolutions,  which  were  considered 
immediately,  and  were  refoned  to  the  Committee  ou  Commercial  ilela- 
tions  and  Postal  Arrangements  : 

Eesolved,  That  in  the  opinion  of  this  Convention,  it  would  greatly 
facilitate  the  removal  of  the  blockade  of  the  ports  of  the  Confederate 
States,  to  repeal  or  suspend,  for  at  least  five  years,  the  operation  of 
such  Acts  of  Congress  as  impose  duties  ou  imports  from  neutral  nations. 

Resolved,  further,  That  the  foregoing  resolution  be  forwarded  by  the 
Clerk  of  this  Convention  to  our  Senators  and  Keprcsentatives  in  Con- 
gress, and  that  they  are  tfereby  requested  to  use  their  best  endeavors 
and  influence  in  procuring  the  necessary  enactments  of  Congress  to 
carry  the  same  into  eliect.  , 

The  Convention  resumed  the  consideration  of  the 

/GENERAL  ORDERS. 

On  motion  of  Mr.  A.  H.  Brown,  an  Ordinance  further  to  provide 
for  the  Harbor  and  Coast  defences  of  the  State  was  ordered  for  con- 
sideration to-morruw. 

The  report  of  the  (Committee  on  the  Military  on  a  resolution  of  inquiry 
in  relation  to  the  Surgeon  General's  Department,  was  agreed  to. 

The  report  of  the  Committee  on  the  Military  on  a  resolution  of  in- 
quiry as  to  organizing  and'equipping  artillery  companies,  was  agreed  to. 

The  report  of  the  Committee  on  the  Military  on  a  resolution  of  in- 
quiry in  respect  to  the  public  arms,  was  agreed  to. 

The  report  of  the  same  Committee  on  the  Governor's  message  and 
the  accompanying  documents,  was  agreed  to. 

The  report  of  the  same  Committee  as  to  organizing  certain  portions 
of  the  militia,  was  agreed  to.  ^ 

The  report   of  the  sanie  Committee   on  a   resolution   of  inquiry   re- 


TUESDAY,  JA:NUARY  7,  1862.  359 

specting  the  appointment  of  officers  in  cases  of  draft,  was  ordered  to  lie 
on  the  table.  • 

The  report  of  the  same  Con)niittee  on  an  Ordinance  to  provide  an 
armed  force  for-the  defence  of  the  State,  was  agreed  to. 

An  Ordinance  in  relation  to  a  portion  of  the  militia,  was  ordered  for 
coosideratiou  to-morrow. 

Mr,  1/arnwell  presented  the  report  of  the  Special  Committee  No.  1, 
on  an  Act  of  the  General  Assemblj,  entitled  an  Act  to  provide  more 
efficient  police  regulations  for  the  Districts  on  the  seaboard,  which  was 
considered  immediately,  and  was  agreed  to. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Reed,  the  Convention  proceeded  to  the  considera- 
tion of  the  report  of  the  Special  Committee  No.  3,  in  relation  to  afford- 
ing'aid  to  the  Confederate  authorities,  which  had  been  made  the 
special  order  of  the  day  for  this  day,  and  on  motion  of  Mr.  Inglis, 
the  special  order  was  discharged,  and  was  made  the  sp(?cial  order  of 
the  day  for  to-morrow,  at  twelve  o'clock,  M. 

On  motion  of  Mr.  Inglis,  the  doors  were  opened. 

On  motion  of  Mr.  Simons,  the  Convention  was  adjourned  at  twenty- 
five  minutes  past  nine  o'-clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the   Convention. 


TUESDAY,  JANUARY  7,  1S6-'. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev.  T.  R.  English. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 

Messrs.  Allison,  Messrs.  Barron, 
Appleby,  Barton, 

Atkinson,  J3ethca, 

Aycr,  Bellinger, 


360 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bobo, 

•  Boswell, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 
Carroll, 
Caufjhmau, 

•  Cauthen, 
Charles, 
Clarke, 
Crawford, 
Curtis, 
Davis, 
DeSaussure, 
£)unkin, 
DuPre, 
English, 
Evans, 
Fair, 

Fin  ley, 

Flud, 

Furman, 

Garlington, 

Geiger, 

Gist, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Hammond, 

Harrison, 

Henderson, 

Hopkins, 


Messrs.  Hunter, 
Hutson, 
Inglis,  ■ 


Jackson, 

JcfFories, 

Jenkins,  John 

Lewis, 

JlcCrady, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Mauldin, 

Maxwell, 

Mayes, 

Middleton,  John  Izard 

Moore, 

Moorman, 

Nowcll, 

O'Hear, 

Parker, 

Perrin, 

Quattlebaum^ 

Reed, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Rowell, 

Seabrook,  E.  M. 

Seabrook,  G.  W. 

Sessions, 

Shingler,  J.  M. 

Simons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Snowden, 

Spratt, 

Stokes, 

TimmoQS, 


TUESDAY,  JANUARY  7,  1862.  361 

Messrs.  Tompkins,  Messrs.  Wilson,  I.  D. 
Wannainakcr,  Wilson,  J.  H. 

Wardlaw,  Woods, 

Wier,  Young. 

The  journal  of  yesterday's  proceedings  was  read. 
The  President  laid  before  the  Convention  the  following  communica- 
tion :  _ 

Fort  Pickens,  Battery  Island,  January  4,  1862. 
Hon.  D.  F.  Jamison, 

President  of  the  Convention  : 
Dear  Sir  :  I  am  prevented,  by  military  duties,  from  attending  the 
present  session  of  the  Convention,  and  therefore  ask  to  be  excused. 
Yours,  very  truly, 

JOHN  G.  PRESSLEY, 

Capt.  P.  A.  a  S. 

On  motion  of  Mr.  Fair,  leave  of  absence  was  graated  to  Mr.  Press- 
ley. 

On  motion  of  Mr.  Furman,  Mr.  Lyles  was  excused  from  attending 
the  present  session  of  this  Convention,  on  account  of  sickness. 

Mr.  Allison,  from  the  Committee  on  Accounts,  made  reports. 

On  the  account  of  Lewis  Jones;  and, 

On  the  account  of  the  editor  of  the  Marion  Star;  which  were  con- 
sidered  immediately,  and  were  agreed  to. 

Mr.  Quattlebaum  offered  the  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

Resoloed,  That  it  be  referred  to  the  Committee  on  Engrossed  Ordi- 
nances to  inquire  and  report  what  resolutions  and  orders  of  the  Con- 
vention, passed  in  secret  ses.sion,  and  how  much,  and  what  portion,  of 
the  secret  journal,  may  now  be  made  public  without  impropriety. 

On  motion  of  Mr.  Dunkiu,  leave  of  absence  was  granted  to  Mr. 
Forster,  on  account  of  sickness  in  his  family. 

On  motion  of  Mr.  J.  J.  P.  Smith,  the  Convention  went  into 

SECRET  SESSION.     . 

Mr.  llarllec,  from  the  Committee  on  the  Military,  made  reports, 
On  the  communication  from  J.  G.  Gibbes  &  Co.;  and 
40 


362       JOURNAL  OF  THE  CONVENTION, 

On  a  resolution,  providing  for  continuing  the  commissions  of  officers 
in  companies  on  the  seacoast ;  which  were  severally  ordered  for  con- 
sideration to-morrow. 

Mr.  Wardlaw,  from  the  Special  Committee  No.  5,  to  whom  had 
been  recommitted  the  subject  of  stren<:tliening  the  Executive  Depart- 
ment, made  a  report,  and  reported  an  Ordinance  for  strengthening  the 
Executive  Department  during  the  exigencies  of  the  present  war. 

The  Ordinance  was  read.  ^ 

'  Mr.  Spratt  moved  to  strike  out  all  after  the  ordaining  ^ords,  and 
insert  the  following : 

Sec.  1.  That  until  the  present  war  shall  have  terminated,  and  the 
forces  raised  in  this  State  fur  the  prosecution  thereof  shall  be  disbanded, 
or  until  it  shall  be  otherwise  ordained  by  the  People  in  Convention,  the 
Governor  of  the  State  shall  be  assisted  in  the  discharge  of  the  duties  and 
the  exercise  of  the  powers  now  imposed  upon  or  enjoyed  by  him  under 
the  Constitution  and  laws  of  this  State,  by  the  Lieutenant  Governor  of 
this  State  and  three  citizens  of  this  State,  who  shall  be  called  the  Ex- 
ecutive Council,  and  shall  be  elected  by  this  Convention. 

Seo.  2.  That  to  one  of  the  said  Counci^  shall  be  committed  the 
management,  direction  and  control  of  every  thing  in  this  State  which 
relates  to  tlic  finances  of  this  State.  To  another  of  the  said  Council 
shall  be  committed  the  management,  direction  and  control  of  all  that 
relates  to  the  militia,  and  the  forces  of  this  State  in  the  service  of  the 
Confederate  States,  their  organization,  discipline  and  equipment.  And 
to  the  third  member  of  the  Council  shall  be  committed  the  manage- 
ment, direction  and  control  of  all  matters  that  relate  to  the  internal 
police  of  the  State  ;  questions  of  patrol  j  the  government  of  negroes, 
as  connected  with  the  maintenance  of  internal  peace  and  the  welfare 
of  the  State. 

Sec.  3.  That  each  member  of  the  Council,  thus  constituted  the 
head  of  these  several  departments,  shall  organize  it  for  the  efficient 
transaction  of  its  business,  and  shall  keep  the  Governor  constantly  ad- 
vised of  the  condition  of  the  business  of  such  department.  All  orders 
made  by  the  head  of  each  departnient  shall  be  signed  By  him,  after  it 
'  has  been  approved  by  the  Governor. 

Sec.  4.  Each  member  of  the  Council,  as  the  head  of  a  department, 
shall  keep  an  accurate  account  of -all  business  done  in  his  department, 
in  suitable  books  of  permanent  form.  And  at  any  meeting  of  this 
Convention  or  of  the  General  Assembly,  a  report  of  its  .transactions 
shall  be  made,  through  the  Governor. 


TUESDAY,  JANUARY  7,  1862.  36B 

Sec.  5.  Each  member  of  the  Council  shall  receive  an  annual  salary 

of  $ ,  payable  quarterly ;  and   shall   be  allowed   to  employ  a 

clerk,  at  an  annual  salary  not  exceeding  $ ,  payable  quarterly. 

And  such  salaries,  and  the  necessary  expenses 'for  pr6viding  books  and 
furniture  for  each  department,  shall  be  paid  by  the  Treasury  of  the 
State,  upon  the  draft  or  order  of  the  member  of  the  Council  in  charge 
of  the  finances  of  the  State,  countersigned  by  the  Governor. 

Seo.  6.  The  Council  shall  keep  an  accurate  record  of  all  its  consul- 
tations and  proceedings.  And  any  member  thereof  shall  have  the 
privilege  of  tiling,  and  thereby  preserving,  as  a  part  of  its  record,  his 
dissent  from  its  proposed  action  in  any  case. 

Sec.  7.  It  shall  be  the  duty  of  the  Lieutenant  Governor  to  take  the 
place  of  the  Governor  wUeaover  he  may  be  unable  to  attend  the  con- 
sultation of  the  Council ;  and,  under  the  same  circumstances,  to  dis- 
charge all  the  duties,  and  exercise  all  the  powers,  which  belong  to  the 
Governor.  And  he  shall  be  entitled,  during  the  continuance  of  the 
Council,  to  the  same  compensation  as  is  allowed  to  a  member  of  the 
Council. 

Sec.  8.  Vacancies  in  the  Council  shall  be  filled  by  the  Governor, 
with  the  concurrence  of  the  Council.  And  the  citizen  of  this  State 
so  appointed,  shall  discharge  the  duties  and  exercise  the  powers  of  a 
member  of  the  Council,  until  his  nomination  shall  have  been  reported 
to,  and  confirmed  or  rejected  by,  this  Convention  or  the  Senate  of  the 
State.  And  such  appointment  shall  be  reported  to  either  of  these 
bodies  which  may  be  in  session  at  the  time  of,  or  first  after  such 
appointment. 

Mr.  Wardlaw  moved  that  the  amendment  be  ordered  to  lie  on  the 
table;  and  the  question  being  put,  will  the  Convention  agree  thereto? 
it  passed  in  the  alfirmative.  , 

Yeas,  89;  nays,  28. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Atkinson,  "  Messrs.  Brown,  A.  H. 

Barnwell,  Brown,  C.  P. 

Barton,  Caio^ 

Bellinger,  Caldwell, 

Bobo,  Carlisle, 


364 


JOURNAL  OP  THE  CONVENTION, 


Messrs.  Carroll, 
Chesuut, 
Clarke, 
Curtis,    • 
Darby, 
Davis, 
DeSaussure, 
Duncan, 
Dunkin, 
DuPre, 
English, 
Fair, 
Fin  ley, 
Flud, 
Furnian, 
Garlington, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
Hammond, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Hunter, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jeiferies, 
Jenkins,  John 
Keitt, 
Kinsler, 
Lewis, 
McCrady, 


Messrs.  McKee, 
McLeod, 

Magrath, 

Manigault, 

Manning,    • 

Mauldin, 

Mayes, 

Mazyck, 

Moorman, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Porch  er, 

Preston, 

Quattlebaum, 

Rainey, 

Rhett, 

Rhodes, 

Richatdson,  F.  D. 

Richardson,  J,  P. 

Robinson, 

Scabrook,  G.  W. 

Shingler,  J.  M. 

Simpson, 

Sims, 

Smith,  J.  J.  p. 

Snowden, 

Stokes, 

Tiiuiiious, 

Tompkins, 

Townsend, 

Waunuiiiaker, 

M'ardlaw, 

Wier, 

Wilson,  L  D. 

M'ilson,  J.  H. 

Young. 


TUESDAY,  JANUARY  7,  1862.  365 

Those  who  voted  iu  the  negative,  are 

Messrs.  Allison,  Messrs.  Grisham, 

Appleby,  Hopkins, 

Ayer,  Maxwell, 

Barron,  Middleton,' John  Tznrd 

Bethea,  Moore, 

Boswell,  Howell, 

Brabham,  Seabrook,  E.  M. 

Calhoun,  Sessions, 

Campbell,  Simons, 

Cauthen,  Smyly, 

Charles,  /  Spratt, 

Crawford,  Springs, 

Evans,  Sullivan, 

Geiger,  Woods.. 

So  the  motion  was  ap*eed  to. 

Mr.  Reed  asked  to  record  the  vote  he  would  have  given  if  present, 
on  the  motion  to  lay  on  the  table  the  amendment  oGFered  by  Mr.  Spratt, 
and  Mr.  Reed,  being  called,  answered  "  no." 

Mr.  John  Izard  Middleton  offered  the  following  amendment,  which, 
on  motion  of  Mr.  Manigault,  was  ordered  to  lie  on  the  table  : 

Provided,  That  no. member  of  this  Convention  shall  be  eligible  as 
Councillor. 

Mr.  John  Izard  Middleton  offered  the  following  amendment,  wliich, 
on  motion  of  Mr.  Inglis,  was  ordered  to  lie  on  the  table  : 

Provided,  That  no  person  holding  any  office  of  honor,  trust  or  emol- 
ument under  this  State,  the  Confederate  States,  or  any  of  them,  shall 
be  eligible  as  member  of  the  Council. 

Mr.  R.  N.  Gourdin  moved  to  amend  by  striking  out  the  third  section 
of  the  Ordinance. 

On  motion  of  Mr.  Magrath,  the  amendment  wa."?  ordered  to  lie  on 
the'  table. 

Mr.  Fair  moved  to  strike  out,  in  the  third  section  of  the  Ordinance, 
the  words  "  unauthorised  to,"  and  insert  the  word  "  shall.  '" 

Mr.  Reed  moved  that  the  amendment  be  ordered  to  lie  on  the  table; 


366 


JOURNAL  OF  THE  CONVENTION, 


and    the  question   being  put,  will  the   Convention    agree  thereto  ?  it 
passed  in  the  affirmative. 

Yeas,  78  ;  nays,  40.  • 

The  yeas  and  nays  were  demanded,  and  are  as  follows ! 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 


Messrs.  Allison, 

Appleby, 

Atkinson,    , 

Ayer, 

Barnwell, 

Barron, 

Barton, 

Bethea, 

Bobo, 

Boswcll, 
.  Brabham, 

Brown,  A.  H. 

Campbell, 

Carlisle, 

Carroll, 

Cauthen, 

Clarke, 

Crawford, 

Curtis, 

Darby, 

Duncan, 

Dunkin, 

Dunovant,  A.  Q. 

Evans, 

Finley, 

Garlington, 

Gist, 
,  Glover, 

Goodwin, 

Grishara, 

Hammond, 

Harrison, 

Uayne, 
«  Henderson, 


Messrs.  Hunter, 
Hutson, 


Inglis, 

Jackson, 

Keitt, 

McCrady, 

McKee, 

McLeod, 

Magrath, 

Mauldin, 

Middleton,  John  Tzard 

Moore, 

Palmer, 

Parker, 

Perriii, 

Quattlebaum, 

Eainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robinson, 

Rowell, 

Seabrook,  E.  M. 

Sessions, 

Simons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Smyly, 

Spratt, 

Springs,      .  • 

Sullivan, 


TUESDAY,  JANUARY  7,  1862. 


367 


Messrs.  Timmons, 
Tompkins,  ■ 
Wannamaker, 
Wardlaw, 
Wier, 


Messrs.  Wilson,  I.  D. 
Wilson,  J.  H. 
Woods, 
Young. 


Those  who  voted  in  the  negative,  are 


Messrs.  Bellinger, 

Brown,  C.  P. 

Cain, 

Caldw<!ll, 

Calhoun, 

Caughman, 

Chesnut, 

Davis, 

DeSaussure, 

DuPre, 

English, 

Fair, 

Flud, 

Furman, 

Geiger, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green,. 

Gregg,  William 

Harllee, 


Messrs.  Hopkins, 
Jeffcries, 
Jenkins,  John 
Kinard, 
Kiosler, 
Manigault, 
Manning, 
Maxwell, 
Mayes, 
Mazyck, 
Moorman, 
Nowell, 
O'Hear, 
Porcher, 
Preston, 
Shingler,  J.  M. 
Snowden, 
Spain, 
Stokes, 
Townsend. 


So  the  motion  was  agreed  to. 

Mr.  Sullivan  moved  to  amend  by  striking  out,  in  the  fourth  section, 
the  words  "and  Council." 

On  motion  of  Mr.  llayne,  the  amendment  was  ordered  to  lie  on  the 
table. 

The  question  being  ])ut,  will  the  Convention  agree  to  the  Ordinance? 
it  passed  in  the  affirmaiive. 

Yeas,  96;  nays,  22. 

Xhe  yeas  and  nays  were  demanded,  and  are  as  follows  : 


368 


JOURNAL  OF  THE  CONVENTION, 


Those  who  voted  in 

Hon. 
Messrs.  Allison, 
Atkinson, 
Barnwell, 
Barron, 
Barton, 
Bellinger, 
Bethea, 
Bobo, 
Brabham, 
Brown,  A.  H, 
Brown,  C.  P. 
Cain, 
Caldwell, 
Carlisle, 
Carroll, 
Charles, 
Chesnut, 
Clarke, 
Curtis, 
Darby, 
Davis, 
DeSaussure, 
DeTreville, 
Duncan, 
Dunkin, 
Dunovant,  A. 
DuPrc, 
English, 
Evans, 
Fin  ley, 
Flud, 
Furraan, 
Garlington, 
Gist, 
Glover, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 


the  affirmative,  are 

D.  F.  Jamison,  President;  and 
Messrs.  Green, 

Gregg,  William 
Harrison, 
Hayne, 
Henderson, 
Hunter, 
Hutson, 
Inglis, 
,  Ingram, 

Jackson, 
Jeflferies, 

Jenkins,  John 

Keitt,   . 

Kinsler, 

Lewis, 

McCrady, 

McKee, 

McLeod, 
Magrath, 

Manigault, 

Manning, 
Mauldin, 

Maxwell, 

Mayes, 

Mazyck, 
Q-  Moorman, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Pope, 

Porcher, 

Preston, 

Rainey, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 


TUESDAY,  JANUARY  7,  1862. 


369 


Messrs.  Richardson,  J.  P. 
Robinson, 
Soabrook,  G.  W. 
Shinjjler,  J.  M. 
bimpsuii, 
Smith,  J.  J.  P. 
Snowden, 
Spain, 
Springs, 
Sullivan, 


Messrs.  Tinimons, 
Tompkins, 
Towusend, 
Wannamaker, 
Ward  law, 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 
Youni!:. 


Those  who  voted  in  the  negative,  are 


Messrs.  Appleby, 
Ayer, 
Bos  well, 
Calhoun, 
Caughman, 
Cauthcn, 
Crawford, 
Fair, 
Geiger, 
Hammond, 
Harllee, 


Messrs.  liopkins,  * 

Middleton,  John  Izard 
Moore, 
~    Rowell, 

Soabrook,  E.  M. 

Sessions, 

Simons, 

Srayly, 

Spratt, 

Stokes, 

Woods. 


So  the  Ordinance  was  agreed  to;  was  committed  to  the  Committee 
on  Engrossed  Ordinances,  and  the  injunction  of  secrecy  was  removed. 
Mr.  Rhett  offered  the  following  resolution  : 

Resolved,  That  the  Constitution  of  the  State  be  suspended,  so  far  as 
to  permit  any  of  the  Judges  or  Chancellors  who  may  be  elected  mem- 
bers of  the  Executive  Council  by  this  Convention  to  serve  in  said 
office. 

Mr.  Barnwell  offered  the  following  amendment,  which  was  accepted 
by  the  mover  of  the  resolution  : 

Resolved,  That  so  much  of  the  first  section  of  the  third  Article  of 

*tlre  Constitution  of  the  State  a»  prohibits  Judges^  the  Superior  Courts' 

from  holding  any  other  office  of  profit  nr  trust  under  the  State,  the 

Confederate  States,  or  any  other  povvcr,  be,  and  the  fcame  is  hereby, 

"dadpcftrd«d.^uriog  t^p .present  war. 

47  "  -  •    *    ^ 


370       JOURNAL  OF  THE  CONVENTION, 

The  resolution  was  not  agreed  to. 

Mr.  Hayne,  from  the  Special  Committee  No.  2,  made  the  following 
report,  which  was  read,  was  ordered  to  be  printed,  and  was  made  the 
special  order  of  the  day  for  to-morrow,  at  eleven  o'clock,  A.  M. : 

The  Special'  Committee  No.  2,  *'  charged  with  considering  and  re- 
porting upon  the  proper  action  of  the  State,  in  case,  at  any  time, 
further  valuable  portions  of  our  territory  should  be  pronounced  untena- 
ble by  the  military  authorities,"  respectfully  report: 

That  they  immediately,  on  their  appointment,  proceeded  to  con- 
sider the  grave  matter  committed  to  their  charge,  and,  after  several 
consultations,  concluded  to  withhold  their  report  until  the  Conv'ention 
shofld  act  on  the  reports  of  Special  Committees  Nos.  1  and  5.  This 
Committee  unanimously  concur  in  the  general  line  of  policy  indicated 
in  the  Ordinance,  reported  by  Special  Committee  No.  1,  and  adopted 
by  the  Convention,  and  ask  leave  to  report  an  Ordinance  supplemental 
to  the  Ordinance  entitled  "  An  Ordinance  to  provide  for  the  removal 
'of  negroes  and  other  property  from  portions  of  the  State  which  may  be 
invaded  by  the  enemy."  The  Ordinance  now  reported  is  intended  to 
extend  the  provisions  of  the  original  Ordinance  to  white  inhabitants  of 
Charleston,  incapable  of  conducting  their  own  removal,  and  to  modify 
its  provisions  in  reference  to  the  removAl  of  negroes  from  that  city. 

lu-regaid  to  the  city  of  Charleston,  your  Committee  cannot  believe 
that  it  will  ever  be  pronounced  untenable  by  the  military  authorities 
until  the  trial  of  strength  and  endurance  has  been  tested  to  the  utter- 
most. They  recommend  that  it  should  be  expressed,  as  the  sense  of 
the  people  of  South  Carolina  assembled  in  Convention,  that  Charleston 
should  be  defended  at  any  cost  of  life  or  property;  and  that,  in  their, 
deliberate  judgment,  they  would  prefer  a  repulse  of  the  enemy,  with 
the  entire  city  in  ruins,  to  an  evacuation  or  Surrender,  on  any  terms 
whatever.  The  Committee  oppose  altogether  the  idea  of  abandonment 
until  both  the  defending  army  and  the  city  are  so  far  destroyed  that  no 
provision  need  be  made  for  further  action.  If,  however,  the  city 
should  be  abandoned  to  the  enemy,  contrary  to  the  expressed  wish  of , 
the  people  of  the  State,  your  Committ(3e  cannot  bring  themselves  to 
recommend,  as  has  been  suggested  by  some,  that  the  city  should  'be 
destroyed  by  the  hands  of  her  own  citizens,  irrespective  of  the  command 
of  the  military  authorities.  The  Committee  have  deliberated  with 
painful  anxiety  upon  this  matter,  but  while  they  highly  approve  a 
defence  like  that  of  Zaragossa,  they  cauuot  perct3ive,  in  the  circum- 


TUESDAY,  JANUARY  7,  1862.  371 

stances  of  Charleston,  enougli  to  commend  to  her  citizens  the  example 
of  Moscow.  The  Committee  think  the  injury  which  might  be  inflicted 
in  this  way  on  the  enemy,  quite  too  inconsiderable  to  warrant  a  pro- 
ceeding so  very  much  more  disastrous  to  ourselves.  Indeed,  the  Com- 
mittee are  inclined  to  believe  that  the  destruction  of  the  city  is 
precisely  that  which  the  enemy  desire  and  design.  The  Committee 
believe  that  an  indiscriminate  burning  of  the  city  could  not  be  effected 
without  destroying  the  lives  of  a  very  large  portion  of  the  non-com- 
batant inhabitants,  whose  removal  ceuld  not  be  accomplished.  Let  the 
responsibility  of  so  terrible  a  calamity  rest  upon  the  enemy.  The 
Committee,  accordingly,  recommend  that  the  Convention  should 
express  its  disapproval  of  the  suggestion  of  a  voluntary  burning  of  the 
city  by  the  citizens.  To  the  military  authorities  they  have  nothing  to 
suggest  on  this  point. 

In  view  of  the  nature  of  the  defence  anticipated,  the  Committee 
think  provision  should  be  made  for  the  removal  from  the  city,  of 
women  and  children,  and  others  incapable  of  taking  part  in  its  defence. 
Upon  this,  subject  the  Committee  ask  to  report  by  Ordinance.  The 
Committee  recommend  the  adoption  of  the  following  resolution  and 
the  accompanying  Ordinance : 

Resolved,  That  the  President  of  this  Convention  communicate,  con- 
fidentially, to  the  Governor  and  Council,  to  the  General  commanding 
the  Confederate  forces  in  this  State,  and  to  the  'General  in  command  in 
the  Charleston  military  district,  the  proceedings  of  the  Convention  in 
reference  to  the  subject  matter  of  ;this  report,  aud  that  he  accompany 
said  communication  with  copies  oj  Ttihis  report  and  Ordinance. 

%'    I.  W.  HAYNE,  Chairman. 
AN  ORDINANCE 

Supplemental  to,  and  amendatory  of,  "An  Ordinance  to  provide. for  the 
removal  of  negroes  and  other  property  from  portions  of  the  State 
which  may  be  invaded  by  the  enemy." 

We,  the  People  of  the  Slate  of  South  Carolina,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained,  as 
follows : 

Sec.  1.  That  the  city  of  Charleston  shall  constitute  a  separate  and 
additional  district,  distinct  from  the  District  of  Charleston  outside  of 
the  city  limits,  under  the  provisions  of  an  Ordinance  entitled  "-An 


372  JOURNAL  OF  THE  CONYKNTION, 

Ordinance  to  provide  for  fhc  removal  of  negroes  and  other  property 
from  portions  of  the  State  which  may  be  invaded  by  the  enemy,"  and 
that  a  Commission  of  five  persons  be  elected  by  this  Convention,  who 
shall  be,  and  are  hereby,  invested  with  all  the  powers,  in  reference  to 
the  removal  of  negroes  from  the  said  city,  which  in  the  said  Ordinance 
are  vested  in  the  Commissions  thereby  created,  the  removal  to  be  made 
subject  to  the  s-ame  conditions  and  incidents  therein  provided;  und  the 
said  Commi.'-sion  for  the  city  of  Charleston  shall  be,  and  is  hereby,  in- 
vested lurther  with  the  like  powers  in  reference  to  white  inhabitants 
of  the  said  city,  who  by  reason  of  scx^  age  or  infirmity  are  incapable  of 
contributing  to  the  defence  of  thd  same,  and  also  with  power  to  remove 
the  public  records  whenever  their  safety  may  require  it. 

Sec.  2.  That  said  Commission  are  hereby  authorized,  with  the  assent 
of  the  Governor  and  Council,  to  determine  upon  the  necessity  or  ex- 
pediency of  the  removals  heroin  pmvidcd  lor,  and  the  time  when  and 
the  extent  to  which  the  same  shall  be  effected. 

Sec.  3.  That  said  Commission  for  the  city  of  Charleston  shall  imme- 
diately confer  confidentially  with  the  Executive  Authority  of  the  State, 
and  with  the  General  commanding  the  Confedeiate  fuixes  in  this  State, 
and  the  General  in  command  of  the  military  district  of  Charleston,  for 
the  purpose  of  obtaining  the  information  requisite  to  enable  them  to 
perform  their  duties  under  this  Ordinance,  and  of  establishing  a  coop- 
eration between  the  State  Authorities,  Military  and  Civil,  and  the  Con- 
federate Military  Authorities. 

Sec.  4.  That  the  said  Commission  for  the  city  of  Charleston,  or  a 
majority  of  them,  are  hereby  authorised  to  draw  upon  the  Treasury  for 

the  sum  of dollai^-^lf  so  much  be   necessary,  for  the 

purpose  of   defraying  the   expenses  incident  to  the  discharge  of  the 
duties  assigned. 

Sec.  5.  That  such  movable  property  as  shall  remain  in  untenable 
territory  outside  of  tlie  limits  of  Charleston,  at'ter  action  has  been  taken 
under  the  Ordinance  to  which  this  is  supplemental,  by  the  Commis- 
sions therein  named,  may,  by  the  assent  of  the  Coujmissiou  iu  the 
District  in  which  said  property  is  situated,  be  seized  by  the  Confederate 
Military  Authorities,  and  appropriated  to  the  use  of  the  army,  without 
accountability  on  the  part  of  such  ^Military  Authorities,  or  their  agents, 
to  the  persons  owning  the  same. 

Sec.  G.  That  all  movable  property  in  untenable  territory  outside  of 
the  limits  of  Charleston,  which  may  be  niade  available  to  the  enemy, 
and'  which  remains  as  aforesaid,  and  which    the  Confederate  Military 


TUESDAY,  JANUARY  7,  1862.  373 

Authorities  cannot  apply  to  the  use  of  the  army,  the  said  authorities 
are  hereby  authorizod  to  burn  or  otherwise  destroy,  -without  accounta- 
bility to  the  owner,  and  it  fs  the  sense  of  this  Convention  that  such  a 
policy  should  be  pursued. 

The  President  stated  to  the  Convention,  that  he  had  received  a  com- 
munication from  Mr.  Maxcy  Gregg. 

On  motion  of  Mr.  Wardlaw,  the  communication  was  ordered  to  lie 
on  the  table,  and  to  be  entered  upon  the  journal.* 

Mr.  CJuattkbiium  asked  to  record  the  vote  ho  would  have  given  if 
present,  on  agreeing  to  "an  Ordinance  for  strengthening  the  Executive 
Department  during  the  exigencies  of  the  present  war;"  and  Mr. 
Quattlcbaum,  being  called,  answered  '*  no." 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  con^deration  of  the  report  of* the 
Special  Committee  No.  8,  charged  with  considering  and  reporting  the 
means  by  which  the  State  can  aiford  most  ready  and  ethcient  aid  to  the 
Confederate  authorities,  in  expelling  the  invaders  from  the  State,  which 
had  been  made  the  special  order  of  the  day  for  this  day. 

On   motion  of  Mr.-  liobo,  the  report  was  ordered  to  lie  on   the  table. 

GENERAL  ORDERS.' 

An  Ordinance  to  afford  pecuniary  relief  to  the  citizens  of  this  State, 
was  taken  up. 

]Mr.  Bobo  moved  that  the  Ordinance  be  ordered  to  lie  on  the  table; 
and  tjie  question  being  put,  will  the  Convention  agre.e  thereto  ?  it 
passed  in  the  affirmative. 

Yeas,  58  ;  nays,  39. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 

iVIessrs.  i^i?on,  Messrs.  IJoswcll, 

Uarron,  13rabham, 

Rnrfon,  lirown,  A.  II. 

Rcllingcr,  Caldwell, 

liclhea,  Carroll, 

Bobo,  Clarke, 


•See  Report  of  ConlmHtee  on  Engronsed  Opdlnan«e«,  of  September  17, 1862. 


374 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Curtis, 
Darby, 
Puncan, 
Dunkin, 
Evans, 
Fair, 
Finlej, 
Gist, 


Glover. 

Goodwin, 

Gourdin,  R.  N. 

Grcjrfr,  William 

Grisham, 

Hammond, 

Hayne, 

Hopkins, 

Inplis, 

Jackson, 

Keitt, 

iMcLeod, 

jNIanigault, 

Mazyck, 

Nowell, 


Messrs.  O'Hear, 

Perrin, 
•  Pope, 

]*orcher, 

Preston, 

Rainey, 

]leed, 

Rhett, 

Sea  brook,  E.  M. 

Sessions, 

Shinglerj  J,  M. 

Si,mons, 

Sims, 

Siriyly, 

Snowden, 

Spratt, 

Springs, 

Stokes, 

Waunamaker, 

Wardlaw, 

Wilson,  J.  n. 

Woods. 


Those  who  voted  in  the  negative,  are 


Messrs.  Appleby, 

Messrs.  Garlington. 

Rrown,  C.  P. 

O              r 

G(  iger, 

Carlisle, 

Harrison, 

Cauthen, 

Hunter, 

Charles, 

Ingram, 

Chesnut, 

Jeff'erics, 

Crajvford, 

Jenkins,  John 

Davis, 

Kinsler, 

DeSaussure, 

Magrath, 

DeTreville, 

Maxwell, 

DuPre, 

Mayes, 

English, 

Moore, 

Flud, 

Moorman, 

Furman, 

Parker, 

TUESDxlY,  JANUARY  7,  1862.  375 

Meesrs.  Quattlebaum,  Messrs.  Tompkins, 

Rhodes,  •  Townsend, 

Robinsou,  Wier, 

Rowell,  Wilson,  I.  D. 

Sullivan,  Young. 

Timmons, 

So  the  motion  was  agreed  to. 

On  motion  of  Mr.  Khett,  th«  following  resolution  was  ordered  to  lie 
on  the  table  : 

Resolvedy  That  the  Governor  do  conmiunicate  to  the  President  of 
the  Confederate  States,  as  the  earnest  request  of  this  body,  that  addi-  • 
tional  troops  and  munitions  of  war  should  be  sent  for  the  defence  of 
this  State  and  its  extended  seaboard. 

The  General  Orders  were  suspended,  and  Mr.  Barnwell  presented 
the  following  report,  which  was  considered  immediately,  and  was 
agreed  to : 

The  Special  Committee  No.  1,  to  whom  were  referred  certain  resolu- 
tions concerning^  negroes  spirited  away  and  stolen  by  the  enemy,  ask 
leave  to  report,  that  they  deem  it  inexpedient  to  pass  any  Ordinance  in 
reference  to  this  subject,  and  ask  to  be  discharged  from  its  further 
consideration. 

.     GENERAL  ORDERS. 

The  Convention  resumed  the  consideration  of  tl^  General  Orders. 

An  Ordinance  further  to  provide  for  the  Harbor  and  Coast  Defences 
of  the  State,  was  read,  was  agreed  to,  was  committed  to  the  Committee 
on  Engrossed  Ordinances,  and  the  injunction  of  secrecy  was  removed. 

On  motion  of  Mr.  lugli.s,  it  was 

I^pwlced,  That  this  Convention  will  proceed  to  ballot  for  members  of 
the  Executive  Council,  this  evening,  at  eight  o'clock. 

On  motion  of  Mr.  Mazyck,  the  doors  were  opened. 
On  motion  of  Mr.  Reed,  business  was  suspended   at  eight  minutes 
paht  three  o'clock,  P.  M.,  until  seven  o'clock,  P.  M. 

RECESS. 
The  President  resumed  the  diair. 


376       JOURNAL  OF  THE  CONVENTION, 

On  motion  of  Mr.  Ayer,  leave  of  absence  was  granted  to  Mr.  Brab- 
nain,  on  account  of  military  duty.  ^ 

On  motion  of  Mr.  A.  H.  Browti,  leave  of  absence  was  granted  to 
Mr.  John  Jenkins,  on  account  of  sickness  in  his  family. 

On' motion  of  Mr.  Spain,  the  Convention  went  into 

SECRET  SESSION. 

On  motion  of  Mr.  Dunkin,  the  vote  by  which  the  Report  of  Special 
Committee  No.  2  was  ordered  to  be  printed,  was  reconsidered. 

Mr.  llayne  withdrew  the  motion  to  print. 

Mr.  Inglis  moved  that  the  Report  and  Ordinance  be  printed. 

The  motion  was  agreed  to. 

The  Convention  proceeded  to  ballot  for  members  of  the  Executive 
Council. 

Mr.  DeSaussure  presented  the  account  of  Theo.  Stark,  for  articles 
furnished  for  the  use  of  the  Convention,  which  was  referred  to  the 
Committee  on  Accounts. 

The  Convention  resumed  the  consideration"of  the 

GENERAL  ORDERS. 

An  Ordinance  in  relation-  to  a  portion  of  the  militia,  was  taken  up, 
and  was  read.  • 

Pending  the  consideration  thereof, 

Mr.  Davis,  from  the  Committee  appointed  to  count  the  ballots  for 
members  of  the  Executive  Council,  reported  that  Mr.  James  Chesnut, 
Jr.,  had  received  oAe  hundred  and  nine  votes,  that  being  a  majority  of 
all  the  ballots  cast;  and  that,  therefore,  Mr.  James  Chesnut,  Jr.,  was 
elected  a  member  of  the  Executive  Council. 

On  motion,  the  Convention  proceeded  to  a  second  ballot  for  members 
of  the  Executive  Council. 

On  motion  of  Mr.  Fair,  the  doors  were  opened. 

On  motion  of  Mr.  Mazyck,  the  Convention  was  adjourned  at  three 
minutes  past  ten  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


WEDNESDAY,  JANUARY  8,  1862. 


377 


WEDNESDAY,  JANUARY. 8,  1862. 

At  the  hour  to  which  the  Convention  was  adiourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  the 
Rev.  William  Curtis. 

The  Clerk  called  the  roll,  and  the  following  Ddegatea  answered  to 
their  names  : 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Barnwell, 
Barron, 
Barton, 
Bethea, 
Bellinger, 
Bobo, 
Boswell, 
Brown,  C.  I 
Cain, 
Caldwell, 
Calhoun, 
Carlisle, 
Caughman, 
.  Charles, 
Crawford, 
Curtis, 
Darby, 
DeSaussure, 
Duncan, 
Dunkin, 
DuPre, 
English, 
Evans, 
Finlcy, 
Flud, 
Furman, 
Garlington, 
G  eiger, 
48 


Messrs.  Gist, 

Glover, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Harllee, 

Harrison, 

Hayne, 

Hendersbn, 

Hopkins, 

Hunter, 

Inglis, 

Ingram, 

Juckson, 

Jefferies, 

Keitt, 

McKee, 

McLeod, 

Magrath, 

Mannijig, 

Maxwell, 

Mazyck. 

Middleton,  Joho  Izard 

Moore, 

Moorman, 

Nowell, 

O'llear, 

Parker, 


378  JOURNAL  OF  THE- CONVENTION, 

« 
Messrs.  Perrin,  Messrs.  Spain, 

Porcher,  Spratt, 

Quattlebaum,  Springs, 

Rainey,  Stokes, 

Reed,  Sullivan, 

Rhodes,  Timmons, 

Rowell,  Tompkins, 

Sessions,  AVanuamaker, 

Shingler,  J.  M.  "Wardlaw, 

Simons,  Wilson,  I.  D. 

Sims,  Wilson,  J.  H. 

Smith,  J.  J.  P.  Woods, 

Snowden,  Young. 

The  journal  of  yesterday's  proceedings  was  read. 
Mr.  Allison  offered  the   following  resolution,  which  was  considered 
immediately,  and  was  agreed  to : 

Resolved,  That  the  Librarian  of  the  Legislature  be  entitled  to  *he 
per  diem  pay  of  a  member  of  the  Convention,  for  the  period  of  its 
present  session.     • 

Mr.  Allison  presented  the  report  of  the  Committee  on  Accounts, 
,     ..  Qn  the  account  of  Theodore  Stark;  which  was  considered  immedi- 
■  ately,  and  was  agreed  to. 

On  motion  of  Mr.  Magrath,  Mr.  Wagner  was  excused  from  attend- 
ing the  present  session  of  the  Convention,  on  account  of  important 
public  engagements. 

Mr.  Dunkin  presented  the  report  of  the  Committee  on  Commercial 
Relations  and  Postal  Arrangements, 

On  a  resolution  of  inquiry  in  relation  to  imports ;  and,  pending  the 
consideration  thereof,  the  Convention  went  into 

SECRET  SESSION. 

The  report  of  the  Committee  on  Commercial  Relations  and  Postal 
Arrangements,  on  a  resolution  of  inquiry,  as  to  the  expediency  of  me- 
morializing the  Congress  of  the  Confederate  States  to  repeal  or  suspend 
•  the  act  imposing  duties  on  imports,, was  agreed  to. 

Mr.  DuPre,  from  the  Committee  appointed  to  count  the  ballots  for 
members  of  the   Executive  Council,  reported   that   Mr.  I.  W.  Hayne 


M 


WEDNESDAY,  JANUARY  8,  1862.  379 

had  received  a  majority  of  the  ballots  cast,  and  was  therefore  duly 
elected. 

On  motion,  the  Convention  proceeded  to  another  ballot  for  a  member 
of  the  Executive  Council. 

GENERAL  ORDERS. 

An  Ordinance  (reported  by  the  Committee  on  the  Military^  in  rela- 
tion to  a  portion  of  the  militia,  was  agreed  to,  and  was  ordered  to  be 
engrossed,  and  to  be  signed  by  the  Presideui  and  the  Clerk. 

Mr.  Fair,  from   the  Committee  appointed   to  count  the  ballots    for  a 

•  member  of  the  Executive  Council,  reported  that  Mr.  William  11.  Gist 
had  received  a  majority  of  the  ballots  cast : 

Whereupon,  the  President  announced  that  Messrs.  James  Chesnut, 
Jr.,  I.  W.  Ilayne  and  William  H.  Gist  afe  duly  elected  members  of 

•  the  Executive  Council. 

•  On  motion,  the  injunction  of  secrecy  was  removed  from  the  election 
of  the  Executive  Council ;  and  it  was 

Ordered,  That  a  dfertified  copy  of  the  "  Ordinance  for  strengthening 
the  Executive  Department  during  the  exigencies  of  the  present  war," 
be  furnished  to  his  Excellency  the  Governor,  and  to  each  member  of 
the  Executive  Council. 

Mr.  Barnwell  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resolved,  That  a  copy  of  the  Ordinance  "  to  provide  for  the  removal 
of  negroes   and  other  property  from   portions  of  the  StatJ?  which  may 
'    be  invaded  by  the  enemy,"  be  distributed  to  each  member  of  the  Con- 
vention, with  the  names  of  the  Commissioners  appended. 

Mr.  Barnwell  introduced  an  Ordinance  to  suspend  the  last  clause  of 
the  first  section  of  the  third  Article  of  the  Constitution  of  this  State. 
Mr.  Fair  offered  the  following  amendment : 

That  the  twenty-ninth  section  of  the  first  Article  of  the  Constitu- 
tion of  this  State  be  also  suspended. 

Mr.  Reed  offefed  the  following  amendment: 

That  so  much  of  the  Cunstitulion  as  renders   miaisters  of  the  gos- 


380  JOURNAL  OF  THE  CONVENTION, 

pel  ineligible  to  a  seat  in  the  General  Assembly,  be  suspended  dnring 
the  existence  of  the  present  war. 

On  motion,  the  Ordinance  and  the  amendments  were  referred  to  the 
Committee  on  the  Constitution  of  the  State. 

The  President  announced  the  following  Committee  to  call  together 
the  (Convention  ki  the  event  of  the  death  or  disqualification  of  the 
President : 

Messrs.  15.  F.  Dunkin, 
D.  L.  Wardlnw, 
R.  W.  Barnwell, 

Pt.  13.  Khett,  • 

John  A.  Inglis. 

On  motion  of  Mr.  DeTreville,  the  injunction  of  secrecy  was  removed 
from  an  Ordinance  in  relation  to  a  portion  of  the  militia.  . 

The  report  of  the  Committee  on  the  Military,  on-  the  letter  of  J.  G.  « 
Gibbcs  &  Co.,  was  taken  up. 

Mr.  William  (Jregg  offered  the  fullowing  amendment : 

• 

Providcil,  That  cotton  and  woolen  factories  shall  not  be  allowed  to 
retain  from  the  military  service,  more  than  one  overseer  for  each  card- 
room,  spinning  and  weave-room,  and  one  dresser  for  each  sixty  looms. 

On  motion  of  Mr.  Caughman,  the  report  and  the  amendment -wore 
ordered  to  lie  on  the  table. 

Mr.  Wardlaw,  from  the  Committee  on  the  Constitution,  made  a  re- 
port, and  reported  an  Ordinance  to  suspend  certain  parts  of  the  Con- 
stitution of  die  State  of  South  CaroBna. 

The  Ordinance  was  read,  and  the  question  being  put,  will  the  Con- 
vention agree  thereto  ?  it  passed  in  the  atSrmative. 
Yeas,  50  ;  nays,  45. 

flie  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  aflirniativo,  arc 

Ifon.  1).  F.  Jamison,  President;  and 

Messrs.  Appleby,  ■              Messrs.  Caldwell, 

Atkinson,  Caughman, 

liarnwcll,  Chesnut, 

Barron,  Clarke, 

Buchanan,  ,               Crawford, 

Cain,  Darby, 


WEDNESDAY,  JANUARY  8,  1862. 


381 


Messrs.  DeSaussure, 
DeTreville, 
Duncan, 

DuDoVaut,  A.  Q. 
DuPre, 
English, 
Fair, 
Finlcy, 
Flud, 

Garlington, 
Geiger, 
Goodwin, 
Gregg,  William 
Grishaiu, 
Henderson, 
Hunter, 
Jackson, 
Jefferies, 
McLeod, 


Messrs.  Manning, 
Maxwell, 
Moorman, 
Quattlebaum, 
Khett, 
Rhodes, 

Richardson,  F.  D. 
Richardson,  J.  P. 
Simons, 
Simpson, 
Srajly, 
Snowden, 
Stokes, 
Tompkins, 
Towusend, 
Wier, 

Wilson,  J.  H. 
Young. 


Those  who  voted  in  the  negative,  are 

Messrs.  Allison,  Messrs. 

Barton, 
Bellinger, 
Bethea, 
Bobo, 
Boswell, 
Brown,  A.  H. 
Brown,  C.  P. 
Calhoun, 
Carlisle, 
Charles, 
Evans, 

Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 
Hammond, 
Harrison, 
Hopkins, 
McCrady, 


McKee, 

Manigault, 

Mazyck, 

Middleton,  John  Izard 

!Moore, 

Nowell, 

O'Hear, 

Palmer, 

Parker, 

Perrin, 

Porcher, 

Raincy, 

Robinson, 

Rowell, 

Seabrook,  E.  M. 

Seabrook,  G.  W. 

Sessions, 

Shinglcr,  J.  M. 

Smith,  J.  J.  P. 


382  JOURNAL  OF  THE  CONVENTION, 

• 
Messrs.  Spain,  Messrs.  Wannamak*.'", 

•Spratt,  Wilson,  1.  D. 

SprinfT?,  ,  Woods. 

Sullivan, 

The  Ordinance  was  agrcod  to,  and  was  committed  to  the  Committee 
on  Engrossed  Ordinances. 

GENERAL  ORDERS. 

Tlie  General  Orders  were  resumed. 

TUe  report  of  the  Committee  on  the  Military  on  a  resolution  in  re- 
lation to  companies  on  the  seaboard,  was  ordered  to  lie  on  the  table ; 
and  Mr.  Mazyck  offered  the  following  resolution,  which  was  agreed  to: 

Resohcff,  That  the  Governor  be,  and  he  is  hereby,  authorized  to  re- 
new for  one  year,  the  commissions  of  officers  commissioned  by  him  in 
punsuance  of  the  resolution  passed  by  the  Convention,  on  the  eighth 
day  of  April  last,  and  in  case  of  the  death,  resignation,  promotion  or 
removal  of  any  such  officer,  to  commission  his  successor  for  the  ^ame 
time  :  ProvuUd,  That  no  such  officer  shall  be  commissioned,  whose 
comr>any  does  not  contain  the  number  of  men  required  by  the  Itiws  of 
the  Coufedurate  States,  and  are  in  actuul^scrvice. 

The  General  Orders  were  suspended,  and  Mr.  Quattlebaum  offered 
the  following  resolutions,  which  were  cousidercd  immediately,  and 
were  agreed  to  : 

licsolccd,  That  any  one  elected  by  this  Convention  a  member  of  the 
Executive  Council,  and  accepting  such  office,  before  entering  upon  the 
duties  thereof,  shall  have  administered  to  him  by  the  I'residont,  in 
Convention  as-seuiblcd,  the  oath  prescribed  by  the  CoiiPfitution  of  this 
State. 

liciiulvcd,  That  a.C'Huinittoe  of  three  be  ap[ioint'(l  lo  wait  uj)  ui  the 
three  gentlemen  elected  members  of  the  E.vooulivo  Council,  inform 
them  of  their  election,  and  ascertain  and  report  win  iher  anij  when  it 
may  be  their  pleasure  to  qualify. 

Whereupon  the  I'residcnt  appointed  Messrs.  (^latllebaum,  R.  N. 
Gourdin,  and  J.  J.  1*.  Smith,  of  the  Committee. 

Mr.  Quattlebaum,  from  the  Committee  appointed  to  wait  upon  the 
members  of  the  Executive  Council,  reported   that  the  Committee  had 


WEDNESDAY,  JANUARY  8,  1862. 


383 


discharged  the  duty  assigned  to  them,  and  •that  the  members  of  the 
Council  were  present  and  ready  to  be  qualified. 

Whereupon  the  doors  were  opened,  and  Messrs.  James  Chesnut,  Jr., 
I.  W.  Haync  and  William  H.  Gist,  members  of  the  P]xecutive  Coun- 
cil elect,  attended,  and  the  colistitutional  oath  of  ofl&ce  was  admin- 
istered to  them  by  the  President. 

The  Convention  went  into  • 

SECRET   SESSION. 

SPECIAL  ORDER. 

The  Convention  resumed  the  considerat^ion  of  the  report  of  Special 
Committee  No.  2. 

The  report  of  the  Committee  down  to  the  words  "in  view  of"  was 
agreed  to. 

Mr.  Harllce  moved  that  the  remainder  of  the  report,  and  the  resolu- 
tion and  Ordinance  reported  by  the  Committee,  be  ordered  to  lie  on 
the  table;  and  the  question  being  put,  will  the  Coayention  agree 
thereto  ?  it  passed  in  the  affirmative. 

Yeas,  59 ;  nays,  50. 

The  yeas  and  nays  were  demanded,  and  are  aa  follows : 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Allison, 
Appleby, 
Atkinson, 
Ayer, 
Barron, 
Barton, 
BctTiea, 
Bobo, 
Boswell, 
Carlisle, 
Caughman, 
Crawford, 
Darby, 
Dunkin, 

Dunovant,  A.  Q. 
English, 
Evans, 
Flud, 


Messrs.  Garlington, 
Geiger, 
Glover, 
Goodwin, 
Gregg,  William 
Grigham, 
Hammond, 
Harllee, 
Harrison, 
Hopkins,   • 
Johnson, 
Lewis,     , 
Manning, 
Mauldin, 

Middlcton,  John  Ixard 
Moonnao, 
O'Hcar, 
Parker, 


884 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Preston, 
Rainey, 
Rce'^, 
Rhott, 
Rhodes, 

Ricliardson,  J.   V 
Robinson, 
Rowell, 

Seabrook,  E.   M. 
Sessions, 
Shingler,  J.  M. 
Sims, 


Messrs.  Smyly, 
Ppain, 
iSpratt, 
SprinprS) 
Stokes, 
Sullivan, 
Tiiiinions, 
Tompkins, 
Wannaiuaker, 
Woods, 
Younsr. 


Those  who  voted  in  tlie  negative,  are 


Hon.  D. 

Messrs.  Rarnwcll, 

Bellinger, 

Brown,  A.  H. 

]Jrown,  C.  P. 

]5u(:lianan, 

Cain, 

Caldwell, 

Carroll, 

Charles, 

Clarke. 

Curtis, 

DeSaussure, 

DcTreville, 

Duncan, 

DuPre, 

Fin  ley, 

Furiuan, 

Gist, 

(iourdin,  K.  N. 

Gourdin,  T.  L. 
« 

Green, 

•     Hayne, 
Henderson, 
Hunter, 
lugliij, 


F.  Jamison,  President;  and 
Messrs.  Ingram, 
Jackson, 
McCrady, 
McKce, 
McLeod, 
i^Iagrath, 
Manigault, 
JIaxwell, 
Mazyck, 
Moore, 
Pcrrin, 
Pope, 
Porcher, 
.   Quattlobaum,  • 
Richardson,  F.  D. 
Seabrook,  G.  W. 
Simpson, 
Smith,  J.  J.  P. 
Snowden, 
Townsend, 
Wurdlaw, 
Wier, 

Wilson,  I.  D. 
Wilson,  J.  H. 


,  WEDNESDAY,  JANUARY  8,  1862.  386 

So  the  motion  was  agreed  to. 

Mr.  Dunkiii  moved  that  the  vote  by  which  the  report  of  the  Com- 
mittee was  agreed  to,  be  reconsidered  ;  and  pending  the  consideration, 
the  following  communication  was  received  from  his  Excellency  the 
Governor,  and  was  read  by  his  Special  Private  Secretary,  F.  J.  Moses, 
Jr. : 

State  of  South  Carolina, 
Head  Quarters,  January  8,  1862. 
To  the  Honorable  the  President 

and  Membrrs  of  the  Convention: 

From  your  official  notice  just  received,  and  the  Ordinance  enclosed 
me,  I  perceive  that  the  Executive  power  has  been,  to  a  great  extent, 
remodeled.  I  shall  endeavor  faithfully  to  do  my  humble  part  in 
attempting  to  execute  this  Ordinance,  as  far  as  I  can ;  but  it  is  due  to 
the  Legislature,  who  have  entrusted  to  my  care  the  Executive  power, 
as  established  under  the  Constitution,  to  say  that  I  seriously  think  the 
Ordinance  that  you  have  now  passed  will,  in  its  practical  operation, 
greatly  weaken  the  Executive  as  created  by  the  Constitution. 

I  understand,  from  the  Ordinance,  that  no  appointment,  even  of  the 
humblest  kind,  is  to  be  made,  except  by  a  deliberate  vote  of  the  new 
Council  ta  be  created.  The  eighth  section  requires  that  the  record  of 
all  the  proceedings  of  the  Governor  and  Council  shall  be  laid  before 
the  Convention.  I  do  not  know  if  I  am  to  -understand  that  all  the 
proceedings  of  the  Governor  are  to  be  laid  before  the  Convention.  I 
do  not  know  if  all  orders  to  be  issued,  relating  to  the  military,  are  first 
to  be  submitted  to  a  vote  of  the  Council.  If  so,  there  will  be  great 
imbecility  in  acting  as  Commander-in-Chief.  As  it  is  an  Ordinance 
passed  dcltberately  by  the  highest  and  most  unlimited  power,  I  shall 
feel  it  my  duty  cheerfully  to  try  and  execute  it  to  the- letter.  We  are 
an  educated  and  informed  people,  and  the  real  strength  of  an  Execu- 
tive consists  in  doing  what  is  right  and  just,  faithfully  for  the  public 
interest.  Any  unusual  or  arbitrary  power  will  create  suspicion  and 
jealousy,  unless  it  be  obviously  necessary  under  circumstances  where 
the  u.<«ual  authorities  cannot  act.  We  are  under  an  almost  absolute 
military  Government,  and,  by  the  acts  of  your  Cotfvention,  the  State 
has  been  transferred  under  the  jurisdiction  of  the  Confederate  Govern- 
TDcnt,  and  Confederate  Generals  have  practically  all  power  over  the 
resources  and  defences  of  the  State. 

I  beg  leave  most  respectfully  to  make  this  comuiunication,  as  due  to 
49 


886       JOURNAL  OF  THE  CONVENTION,. 

my  office,  and  to  those  who  appointed  me  to  the  exercise  of  the  powers 
confided  to  me  under  the  Constitution  of  the  State. 

The  threatening  aspect  of  public  affairs,  with  a  large  force  invading 
our  State,  demands  the  utmost  possible  forbearance,  and  precludes  me 
from  the  course  that  would  be  more  agreeable  to  myself,  and  more  just 
to  the  power  from  which  1  received  my  appointment.  This  course 
would  be  more  imperative,  from  the  consideration  that  the  same 
Ordinance  provides  for  the  perpetuation  of  this  power,  by  enabling  any 
twenty  men,  from  any  motive  whatever,  to  callthe  Convention  together'. 

I  do  not  desire  to  be  the  means  of  creating  the  least  division  in  the 
public  mind* under  existing  circumstances.  I  therefore  make  this 
communication  to  your  body  in  secret  session.  I  have  never,  for  one 
moment,  had  any  motive  in  any  public  act  while  in  office,  except  to 
sustain  the  honor,  rights  and  independence  of  my  State.  When  all 
the  circumstances  are  known,  as  tliey  will  be  in  history,  neither  time 
nor  scrutiny  can  change  the  verdict  of  posterity. 

F.  W.  PICKENS. 

On  motion,  the  communication  was  ordered  to  lie  on  the  table,  and 
to  be  entered  on  the  .secret  journal. 

The  Convention  resumed  the  consideration  of  the  motion  to  recon- 
sider the  vote  by  which  the  report  of  Special  Committee  ^o.  2  was 
agreed  to. 

The  motion  to  reconsider  was  agreed  to. 

Mr.  Inglis  offered  the  following  amendment : 

Resolved,  That  the  provisions  of  the  Ordinance  to  provide  for  the 
removal  of  negroes  and  other  property  from  portions  of  the  State  which  ' 
may  be  invaded  by  the  eucmy,  be  extended  to  the  removifl  of  those 
persons  in  the  City  of  Charleston  who  by  reason  of  age,  sex  or  infirmity 
are  incapable  of  taking  part  in  its  defence, 'if  such  removal  becomes 
necessary  in  the  judgment  of  the  commission  herein  provided  for. 

Eewlucd,  That  a  commission  of  five  citizens  of  Charleston  be  chosen 
by  this  Convention,  whose  duty  it  shall  be  to  execute  within  the  City  ^ 
of  Charleston  the  provisions  of  the  Ordinance  aforesaid,  and  of  this 
resolution. 

And,  pending  the  consideration  thereof,  the  doors  were  opened. 
On    motion    of    ^fr.    Inglis,    business    was   suspended    at   forty-five 
minutes  past  three  o'clock,  1*.  M.,  until  seven  o'clock,  P.  M. 


WEDNESDAY,  JANUARY  8,  1862.  387 

RECESS. 

The  President  resumed  the  chair. 

Mr.  Quattlebaum  offered  the  following  resolutions,  which  were  con- 
sidered immediately,  and  were  agreed  to  : 

Resolved,  That  the  accounts  of  the  printer  for* this  Convention  be 
audited  by  the  Comptroller  General,  allowing  him  the  rates  designated 
in  the  resolution  conferring  upon  him  his  appointment;  and  that  the 
said  accounts,  when  so  audited,  be  paid  by  the  Treasurer  of  the  Upper 
Division. 

Rtsolved,  That  a  certified  statement  of  the  Clerk  of  the  Convention, 
setting  forth  the  amount  of  work  done  for  the  use  of  the  Convention  in 
secret  session,  shall  be  a  sufficient  voucher  for  the  same. 

Mr.  English  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to  : 

'Wliercaa,  We  are  engaged  in  a  struggle  for  blood-bought  rights,  and 
an  institution  sanctioned  by  God  in  His  rcveaJed  will  :  And,  whereas, 
the  Sovereign  Ruler  of  the  Universe  has  said,  "Them  that  honor  me 
I  will  honor,  and  they  that  despise  me  shall  be  lightly  esteemed :  " 
And,  whereas,  as  a  people,  we  have  sinned  against  Him,  and  should 
therefore  confess  our  sins  that  they  may  be  forgiven  :  And,  whereas, 
His  mercies,  also,  shoiild  be  gratefully  acknowledged,  and  a  continu- 
ance of  His  blessings  humbly  implored  :  And,  whereas,  it  is  our  espe- 
cial duty,  at  this  time,  to  implore  that  He  will,  in  His  mercy,  confer 
on  these  Confederate  States  the  blessings  of  a  safe  and  honorable  peace ; 
therefore, 

Resolved,  By  this  Convention,  representing  the  sovereignty  of  this 
Commonwealth,  that  at  the  close  of  its  session  we  will  devoutly  engage 
in  these  solemn  duties,  so  acceptable  ta  God  and  so  honorable  to  us. 

Resolved,  That  the  President  of  this  Convention  shall  accordingly 
call  upon  Rev.  J.  C.  Furman  to  lead  in  prayer,  in  conformity  with  the 
tenor  of  this  paper. 

Mr.  Mazyck  offered  the  following  resolution,  which  was  ordered  for 
coDsidcratioo  to-morrow :     • 

Resolved,  Jhat  until  the  end  of  the  next  regular  sessioa  of  the 
General  As-sembly,  no  tax  collector,  or  other  public  officer  or  agent, 
charged  with  the  duty  of   receiving  money  for  the  State,  shall  be 


388       JOURNAL  OF  THE  CONVENTION, 

authorized  to  receive,  in  payment  of  taxes  or  other  dues  to  the  Stat€, 
the  notes  or  bills  of  any  bank  or  other  incorporated  company,  not 
legally  payable.on  demand,  or  not  current,  at  par,  with  the  notes  of  the 
Bank  'of  the  State  of  South  Carolina ;  anything  in  any  Act  of  the 
General  Assembly  to  the  contraty  notwithstanding. 
• 
Mr.  McCrady  oflfered  the  following  resolution  : 

Resolved,  That  the  Convention  dispose  of  its  business  and  adjourn 
to-night. 

And,  pending  the  consideration  thereof,  the  Convention   went  into 

SECRET  SESSION. 

The  resolution  offered  by  Mr.  McCrady  .was  agreed  to. 
The  Convention   resumed  the   consideration  of  the  Special  Order, 
being  the  report  of  Special  Committee  No.  2. 

Mr.  Inglis  offered  the  following  amendment :    «  ' 

Resolved,  That  in  case  any  expense  is  incurred  by  the  Commissioners 
in  the  removal  of  white  persons,  such  persons  shall  be  liable  to  repay 
Buch  expense  to  the  Commissioners — which  repayment  may  be  enforced 
by  action  of  debt  in  any  Court  of  common  law. 

Mr.  Harllee  moved  to  lay  the  amendments  on  the  table;  and  the 
question  being  put,  will  the  Convention  agree  thereto?  it  passed  in  the 
negative.  ' 

Yeas,  56  ;  'nays,  57. 
The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  affirmative,  are  '  • 

Messrs.  Allison,  Messrs.  Dunovant,  A.  Q. 

Appleby,  Evans, 

Barron,  Fair, 

Barton,  Flud, 

Bethea,  Garlington, 

Bobo,  Goodwin, 

Boswell,  Gregg,  William 

Calhoun,  Grisham, 

Chesuut,  Hammond, 

Crawford,  Harllee, 

Darby,  Hopkins, 


WEDNESDAY,  JANUARY  8,  1862. 


389 


Messrs.  Hunter, 
Ingram, 
Jackson, 
JeflFeries, 
Johnson, 
Lewis, 
Manning,  • 
Jlauldin, 
Maxwell, 

Middleton,  John  Izard 
Moorman, 
Preston, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 
Richardson,  J.  P. 


Messrs.  Robinson, 
Rowell, 

Seabrook,  E.  M. 
Sessions, 
Shingler,  J.  M. 
Simpson, 
Sims, 
Smylj, 
Spain, 
Springs, 
•  Stokes, 
Sullivan, 
Tompkins, 
Wannamaker, 
Wier, 
Woods, 


Those  who  voted  in  the  negative,  are 


Hon 
Messrs.  Atkinson, 
Ayer, 
Barnwell, 
Bellinger, 
Brown,  A 
Brown,  C.  P 
Buchanan, 
Cain, 
Caldwell, 
Carlisle, 
Carroll, 
Caughman, 
Charles, 
Clarke, 
Curtis, 
DeSaussure, 
DcTreville, 
Duncan, 
Dunkin, 
DuPre, 


D.  F.  Jamison,  President;  and 
Messrs.  English, 
Finley, 
Furman, 
Geiger, 
H.      ^  Gist, 

Gourdin,  R.N. 

Gourdin,  T.  L. 

Harrison, 

Hayne, 

Henderson, 

Inglis, 

McCrady, 

McKee, 

McLeod, 

Magrath, 

Manigault, 

Mazyck, 

Moore, 

Nowell, 

O'Hear, 


390 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Parker, 
Perrin, 
Pope, 
Porcher, 
Quattlebaum, 
Kichardson,  F.  D. 
Seabrook,  G.  W. 
SituoQS, 


Messrs.  Smith,  J.  J.  P. 
Soowden, 
iSpratt, 
Timmons, 
TowDsend, 
Wardlaw, 
Wilson,  I.  D. 
Wilson,  J.  II. 


So  the  motion  was  not  agreed  to. 

The  question  being  put,  wrill  the  Convention  agree  to  the  report  and 
the  amendments?  it  passed  in  the  affirmative. 
Yeas,  60 ;  najs,  54. 
The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 


Hon.  D. 
Messrs.  Atkinson, 
Ayer, 
Barnwell, 
Bellinger, 
Brown,  A.  H. 
Brown,  C  P. 
Cain, 
Caldwell, 
Carlisle, 
Carroll, 
Caughman, 
Charles, 
Clarke, 
(Tunis, 
DcSaussure, 
DcTrevillc, 
Duncan, 
Duukin, 
DuPre, 
English, 
Finley, 
Furman, 
Geigcr, 
Gist, 


F.  Jamison,  President;  and 

Messrs.  Gourdin,  R.  N. 
Gourdin,  T.  L. 
Harrison, 
Hayne, 
Henderson, 
Inglis, 
Keitt, 
McCrady, 
McKee, 
JilcLeod, 
Magrath, 
Manigault, 
M  azyck, 

Middlcton,  J.  Izard 
Moore, 
Nowell, 
O'Hcar, 
Parker, 
Perrin,' 
Pope, 
Porcher, 
Quattlebaum, 
Richardson,  F.  D 
Seabrook,  G.  W. 


WEDNESDAY,  JANUARY  8,  1862. 


391 


Messrs.  Shingler,  J.  M. 

Messrs.  Timmons, 

Simons, 

Tcwnsend, 

Situs, 

TJ'^ardlaw, 

Smith,  J.  J.  P. 

Wilson,  I.  D. 

Snowden, 

Wilson,  J.  H. 

Spratt, 

• 

Those  who  voted  in  the 

negative,  are 

Messrs.  Allison, 

Messrs.  Johnson, 

Appleby, 

Lewis, 

Barron, 

,                Manning, 

Barton, 

Mauldin, 

Bethca, 

Maxwell, 

Bobo, 

Moorman, 

Boswell, 

Preston, 

ft           Buchanan, 

Rainey, 

^m         Calhoun, 

Reed, 

V         Chesnut, 

Rhett, 

Crawford, 

Rhodes, 

Darby, 

Richardson,  J.  I^ 

Dunovant,  A.  0- 

Robinson, 

Evans, 

Rowell, 

Fair, 

*          •                Seabrook,  E.  M. 

riud. 

Sessions, 

Garlington, 

Simpson, 

Goodwin, 

Smyly, 

Gregg,  William 

Spain, 

Grisham, 

Springs, 

Hammond, 

Stokes, 

Harllec, 

Sullivan, 

HopJdns, 

Tompkins, 

Hunter, 

Wauuamaker, 

Ingram, 

Wier,                 • 

Jackson, 

Woods, 

Jeffories, 

Young. 

So  the  motion  was  agreed  to. 

Mr.  Simons,  from  the  Committee  on  Engrossed  Ordinances,  made 
the  following  report,  which  was  considered  immediately,  and  was  agreed 
to: 


392       JOURNAL  OF  THE  CONVENTION, 

The  Committee  on  Enprrossed  Ordinances,  to  whom  it  was  referred 
to  inquire  and  report.  "  wliat  resolutions  nnd  orders  of  the  Convention, 
passed  in  secret  session,  and  how  much,  and  what  portions  of  the 
secret  journal,  may  now  be  made  public  without  impropriety,"  beg 
leave  to  report : 

That  they  have  duly  considered  the  same,  and  bave  embodied  their 
views  in  the  following  resolutions,  which  they  eubmit  for  the  judgment 
of  this  Convention  : 

Hesofved,  That  the  Printer  of  this  Convention  be  authorized  and 
directed,  immediately  on  the  adjournment  of  this  body,  to  publish  ia 
his  newspaper  at  Columbia,  and  to  forward  to  each  member  of  this 
body,  all  the  Ordinances,  reports,  resolutions  and  orders  adopted  by  this 
Convention  at  its  present  session,  and  from  which  the  injunction  of 
secrecy  has  been  removed. 

Resolved,  That  the  residue  of  the  proceedings  be  not  published  until 
the  next  session  of  this  Convention,  but  in  case  it  should  not  reassem- 
ble, tlicn,  that  his  Excellency  the  Governor,  and  the  Executive  Coun- 
cil, be  authorized  and  directed  to  cause  the  proceedings  of  this  session 
of  the  Convention,  public  and  secret,  to  be  published  in  pamphet  form, 
at  such  time  as  they  may  deem  advisable. 

#  •  • 

Mr.  Simofls,  from  the  Committee  on  Engrossed  Ordinances,  made  the 
following  report,  which  was  considered  imliediately,  and  was  agreed  to  : 

The  Committee  on  Engrossed  Ordinances  ask  leave  to  report  : 

That  the  follnwiiig  Ordinances  have  been  ongrossedj  and  ratified  by 
the  signature  of  the  President  and  the  attc«tation  of  the  Clerk,  to 
wit  :  • 

An  Ordinance  to  provide  for  holding  elections  for  Districts  occupied 
or  threatened  by  the  enemy. 

An  Ordinance  to  enable  citizens  of  the  State,  who  are  engaged  in 
military  service,  to  exercise  the  right  of  suffrage. 

An  Ord40ance  to  suspend  in  part  the  operation  of  an  Act  of  the  Gen- 
eral Assembly,  entitled  "  An  Act  for  regulating  and  fixing  the  salaries 
of  several  ofticers,  and  for  other  purposes  therein  mentioned." 

An  Ordinance  further  to  provide  for  the  Harbor  and  Coast  Defences 
of  the  State. 

An  Ordinance  for  strengthening  the  Executive  Department  during 
the  exigencies  of  the  present  war. 

An  Ordinance  in  relation  to  a  portion  of  the  militia. 


WEDNESDAY,  JANUARY  8,  1862.  393 

An  Ordinance  to  suspend  ^certain  parts  of  the  Constitution  of  the 
State  of  South  Carolina. 

Your  Comraittco  would  further  report, 

That  the  Ordinance  entitled  "  An  Ordinance  to  provide  for  the  re- 
moval of  negroes  and  other  property  from  portions  of  the  State  which 
may  be  invaded  by  the  enemy,"  from  which  the  injunction  of  secrecy 
has  not  been  removed,  has  been  placed  under  sealed  cover,  and  to- 
gether with  the  various  Ordinances  adopted  and  ratified  by  tlfis  Con 
ventiou,  have  been  deposited  in  the  Secretary  of  State's  office,  for  safe 
keeping. 

Your  Committee  would  also  report, 

That  the  more  important  resolutions  adopted  t>y  this  body,  have  also 
been    engrossed,  so  as  to  preserve  them  in  a  more  permanent  form. 

On 'motion  of  Mr.  Quattlebaum,  the  vote  by  which  the  resolution 
directing  the  names  of  the  Commissioners  to  be  appended  to  the  certi- 
fied copies  sent  to  them  respectively,  was  agreed  to,  was  reconsidered 
and  Mr.  Quattlebaum  offered  the  following  amendment,  which  was  con- 
sidered immediately,  and  was  agreed  to  : 

Resolved,  That  lists  of  the  Commissioners  be  printed,  and  that  the 
Printer  of  the  Convention  be  instructed  to  send,  by  mail,  a  list  thereof 
to  each  member  of  the  Convention. 

« 

On  motion,  the  Charleston  Delegation  were  permitted  to  retire  to 
nominate  suitable  persons  as  Coinmi.ssioners  for  the  City  of  Charleston. 

Mr.  ^lagralh,  from  the  Charleston  Delegation,  reported  the  following 
as  suitable  persons  as  Commissioners  for  the  City  of  Charleston  : 

Messrs.  C.  M.  Furman, 
Charles  Kerrison, 
R.  N.  Gourdin, 
(x.  A.  Trenholm, 
W.  D.  Tortcr. 

On  motion  of  Mr.  Barnwell,  the  persons  nominated  were  declared 
duly  elected. 

Mr.  loglis  offered  the  following  resolutions,  which  were  considered 
iumediatcly,  and  were  agreed  lu  : 

Retolvrd,  That  the  injunction  of  secrecy  be  removed  from  the  report 
and  resolutions  of  Special  Committee  No.  2,  adopted  by  the  Couvcn- 
50 


394  JOURNAL  OF  THE  CONVENTION, 

tion,  in  so  far  as  to  permit  the  communication  of  a  certified  copy  of  the 
said  report  and  resolutions  to  each  of  the  Commissioners  for  Charleston, 
with  leave  to  make  known  so  much  of  tlic  same  as  may  be  necessary  to 
the  several  parties  interested  therein,  and  to  the  Conimanding  General 
of  the  Confederate  forces  in  this  'State  and  the  Confederate  officer  com- 
manding at  Charleston,  and  that  the  President  be  instructed  to  notify 
the  Commissioners  of  their  election. 

Resolved,  That  the  Commissioners  for  Charleston  be  each  furnished 
with  a  copy  of  the  "Ordinance  to  provide  for  the  removal  of  negroes 
and  other  property  from  portions  of  the  State  which  may  be  invaded 
by  the  enemy,"  with  the  same  right  to  communicate  the  same,  as  by  a 
previous  resolution  of  "this  Convention  is  given  to  the  Commissioners 
for  the  Districts  of  Georgetown,  Ilcrry,  Charleston,  Colleton  and 
Beaufort. 

On  motion  of  Mr.  Manning,' the  doors  were  opened. 

On  motion  of  Mr.  Manning,  the  Convention  resolved  itself  into  a 
Committee  of  the  Whole,  Mr.  R.  DdTreville  in  the  chair. 

Mr.  Manning  offered  the  following  resolutions,  which  were  agreed 
to : 

Resolved,  unanimously.  That  this  Convention  is  fully  impressed  with 
the  courtesy,  impartiality  and  ability,  with  which  the  Hon.  D.  F.  Jami- 
son has  conducted  the  business  of  the  Chair. 

Resolved,  nnanimously,  That  in  testimony  thereof,  this  body  hereby 
tender  to  Mr.  Jamison  their  cordial  thanks. 

On  motion  the  Committee  rose,  and  the  Chairman  reported  to  the 
Convention  the  resolutions  adopted  by  the  Committee. 

The  President  said  :  , 

GiiNTLEMEN  OF  THE  CONVENTION  :  I  have  already  received  at  your 
hands  a  testimonial  similar  to  this,  and  I  feel  that  I  owe  such  expres- 
sions of  your  approbation  far,  far  more  to  your  generous  kindness  than 
to  any  merit  of  my  own. 

My  connection  with  this  body,  and  my  association  with  its  members 
during  a  period  of  great  trial  to  our  beloved  State,  have  been  produc- 
tive of  some  of  the  proudest  and  the  most  pleasing  recollections  of  my 
whole  life. 

For  this  and  the  many  other  acts  of  kindness  and  confidence  so 


WEDNESDAY,  JANUARY  8,  1862.  395 

generously  bestowed  upon  me,  permit  me,  in  parting,  to  tender  you  my 
most  profound  and  grateful  acknowledgments. 

*.  .  . 

Mr.  Wardlaw  offered  the  following  resolution,  which  was  considered 

immediately,  and  was, agreed  to: 

Resolved,  That  when  this  Convention  shall  adjourn,  it  shall  be 
adjourned  to  meet  at  Columbia,  on  the  second  Tuesday  of  January, 
1863,  unless  it  should  be  sooner  reassembled  under  the  last  section  of 
the  "  Ordinance  for  strengthening  the  Executive  Department  during 
the  exigencies  of  the  present  war." 

-After  prayer  by  the   Hev.  J.  C.  Furman,  the  Convenuon  was  ad- 
.journed  at  eleven  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


PROCLAMATION. 


STATE  OF  SOUTH  CAROLlJ^A  : 

I,  D.  F.  Jamison,  President  of  the  Convention  of  the  People  of 
South  Carolina,  by  virtue  of  the  authority  vested  in  me  by  the  said  Con- 
vention, and  in  compliance  with  thfe  provisions  of  an  Ordinance  passed 
by  the  said  Convention,  on  the  seventh  day  of  January,  in  the  year  one 
thousand  ei^ht  hundred  and  sixty-two,  which  ordains  that  the  President 
of  the  Convention,  "  if  he  shall  be  requested  in  writing  so  to  do,  by  any 
twenty  members  of  the  Convention,  shall,  by  notice  under  his  hand,  duly 
pubblished,  assemble  this  Convention  without  delay,  at  a  time  and  place 
to  be  by  him  fixed ;  "  and  as  such  request  in  writing  has  been  made  to 
me  by  twenty  members  of  the  Convention,  do*hcreby  convoke  the  same  j 
and  summon  the  members  of  the  said  Convention  to  reassemble  at  Co- 
lumbia, in  the  State  afuresaid,  at  twelve  o'clock,  M.,  on  Tuesday,  the 
ninth  day  of  September  next. 

Given  under  my  hand,  at  Burwood,  this  twenty-third  day  of  August, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

R  F.  JAMISON, 

Prej^ident  of  the    Cnnvenfion. 
Attest :  B.  F.  Arthur,  Clerk. 


FOUETH    SESSION. 


TUESDAY,  SEPTEMBER  9,  1862. 

Pursuant  to  the  rroclaniation  of  the  President  of  the  Convention, 
issued  on  the  twenty-third  day  of  August,  one  thousand  eight  hundred 
and  sixty-two,  the  Convention  of  the  People  of  South  Carolina  re- 
assembled in  the  Hall  of  the  House  of  Representatives,  in  the  City 
of  Columbia,  on  this  day,  at  twelve  o'clock,  M. 

The  President  took  the  chair,  ;;nd  addressed  the  Convention  as  fol- 
lows : 

Gentlemen  of  the  Convention  :  The  express  provisions  of  an 
Ordinance  "  for  strengthening  the  Executive  Department  during  the 
exigencies  of  the  present  war,"  passed  at  the  conclusion  of  your  last  ses- 
sion, have  left  me  no  discretion  in  reassembling  the  Convention  of  the 
People  of  South  Carolina;  and,  as  a  request  has  been  made  to  me,  in 
compliance  with  the  provisions  of  that  Ordinance,  by  twenty  members 
of  the  Convention,  to  wit :  by  Mr.  R.  G.  M.  Duuovant,  in  a  letter 
dated  April  12,  1862  ;  by  Messrs.  W.  Poreher  Miles,  R.  DeTreville,  C 
D.  Evans,  A.  VV' .  Bethea,  W.  S.  Grisliam,  T.  Y.  Simons,  and  George  Bos- 
well,  in  letters  dated  the  7th,  8th,  10th,  18th,  21st  and  25th  of  May, 
respectively  J  by  Mr.  F.  D.  Richardson,  in  a  letter  of  the  4th  of  June; 
by  Messrs.  J.  P.  ^lichardson,  Theo.  D.  Wagner,  J.  J.  Ingram,  John 
L.  Manning,  R.  Wood?",  and  Wm.  P.  Shingler,  ifl  letters  dated  the  2d, 
10th  and  14th  of  July;  and  by  Messrs.  E.  M.  Seabrook,  Wm  Hunter, 
B.  B.  Foster,  J.  C  Smyly,  and  James  L.  Orr,  in  letters  dated  the  1st, 
3d,  8th,  16th  and  21st  of  August,  I  have  called  you  together  to  take 
such  action*  as  in  your  judgment  may  be  deemed  best. 

The  proceedings  were  opened   with  prayer  by  Rev.  T.  R.  English, 


400 


JOURNAL  OF  THE  CONVENTION, 


after  which  the  Clerk  called  the 
swered  to  their  names  : 
Messrs.  Allison, 

Atkinson, 

Barnwell, 

Earton, 

Bethea, 

Bobo, 

Bonneau, 

Brabham, 

Brown,  C.  P. 

Burnet, 

Caldwell, 

Calhoun, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Chcsuut, 

Clarke, 

Darby, 

DeSaussure, 

Dozier, 

Duncan, 

Dunkin, 

Dunovaat,  B.  G.  M. 

English, 

Evans, 

Fair, 

Frampton, 

Furmau, 

Garlington, 

Geiger, 

Gist, 

Gourdin,  R.  N. 

Gourdin,  T.  L.    . 

Gregg,  William 

Grisham, 

Hanckel, 

Harllee, 


roll,  and  the  following  Delegates  an- 

Messrs.  Harrison, 
Hay  no, 
Henderson, 
Honour, 
Hopkins, 
Hutson, 
Inglis, 
Ingram, 
Jackson, 
Jeffcries, 
Johnson, 
Kinard, 
Kinsler, 
Lawton, 
Logan, 
JMcCradj, 
McKee, 
Manigault, 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 

.MiddletoD,  John  Izard 
Middleton,  Williams 
Moorman, 
O'Hear, 
Pope, 
Porcher, 
Quattlebaum, 
ilainey. 
Reed, 
Rhett, 
Rhodes, 

Ilichardson,  J.  P. 
Scabrook,  G.  W.* 
Shingler,  J.  M- 
Simons, 


TUESDAY,  SEPTEMBER  9,  1862.  401 

Messrs.  Sims,  Messrs.  Tompkins, 

Smith,  J.  J.  P.  Townscnd, 

Smith,  Thomas  Wardlaw, 

Smyly,  Williams, 

Spain,  Wilson,  I.  t). 

Springs,                   ^  '     Wilson,  J.  H. 

Sullivan,  Woods, 

Timmons,  Young.  ^ 

The  following  letter  was  read  by  the  President : 

Anderson,  September  8,  1862. 
Hon.  D.  F.  Jamison, 

President  of  the  Convention  : 
Dear  Sir  :  I  feel  constrained,  in  consequence  of  family  afflictions, 
to  ask  leave  of  absence  from  the  approaching  session  of  the  Convention. 
If  the  sitting  of  the- body  is  protracted  beyond  a  few  days,  I  may  be 
able  to  attend,  but  at  preseat  I  could  not  leave_  my  family  without  a 
dereliction  of  duty  to  them  that  the  occasion  would  not  justify.  Please 
make  known  nly  request  to  the  body  on  its  assembling  Tuesday. 
Very  respectfully,  yours,  &c., 

J.  N.  WHITNER. 

On  motion  of  ^Mr.  Dunkiu,  leave  of  absence  was  granted  to  Mr. 
Whitner. 

Mr.  John  Phillips,  Delegate  from  St.  Philip's  and  St.  Michael's, 
elected  to  (ill  the  vacancy  occasioned  by  the  resignation  of  Mr.  A.  G. 
Magrath,  appeared  at  the  Clerk's  desk,  produced  his  credentials,  signed 
the  roll,  and  took  his  seat. 

Mr.  William  K.  Taylor,  Delegate  from  Kershaw,  elected  to  fill  the 
vacancy  occasioned  by  the  resignation  of  Mr.  T.  J.  Withers,  appeared 
at  the  Clerk's  desk,  produced  his  credentials,  signed  the  roll,  and  took 
his  seat. 

Mr.  Reuben  Stephens,  Delegate  from  St.  Bartholomew's,  elected  to 
fill  the  vacancy  occasioned  by  the  death  of  Mr.  M.  E.  Cam,  appeared 
at  the  Clerk's  desk,  produced  his  credentials,  signed  the  roll,  and  took 
his  peat. 

Messrs.  Wm.   J.   Alston  and  Wm.   R.   Robcrt.«on,  Delegates   from 

Fairfield,  elected  to  fill  the  vacancies  occasioned  by  the  death  of  Mr. 

William  S.  Lyles  and  of  Mr.'John  Buchanan,  appeared  at  the  Clerk's 

desk,  produced  their  credentials,  signed   the  roll,  and  took  their  seats. 

51 


402       JOURNAL  OF  THE  €ONVENTION, 

Mr.  Quattlebaura  offered  the  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

Resolved,  That  a  Committee  of  three  be  appointed  to  wait  upon  bis 
Excellency  the  Governor,  and  inform  him  that  the  Convention  of  the 
People  of  South  Carolina  have  assembled,  and,  a  quorum  being  present, 
are  ready  to  receive  "  the  record  uf  all  the  proceedings  of  the  Cover- . 
nor  and  Council  had  prior  thereto,"  as  provided  in  the  Ordinance 
creating  that  body.  * 

Whereupon,  the  Presiilent  appointed  the  following  gentlemen,  of  the 
Committee:  Messrs.  Quattlebaum,  Hopkins  and' R.  N.  Gourdin. 

Mr.  Quattlebaum,  from  the  Committee  appointed  to  wait  upon  his 
Excellency  the  Governor,  reported  that  they  had  discharged  that  duty, 
and  that  his  Excellency  would  communicate  with  the  Convention  forth- 
with.  • 

A  communicatioa  was  received  from  his  Exce^ency  the  Governor, 
and  was  read  by  his  Private  Secretary,  Col.  F.  J.  Moses,  Jr. 

Wr.  Ilarllee  offered  the  following  resolution  : 

Resolved,  That  the  communication  of  his  Excellency  the  Governor, 
with  such  documents  as  are  not  already  printed,  be  laid  on  the  table 
and  be  printed  for  the  use  of  the  Convention,  and  that  the  military 
correspondence  be  printed  for  the  private  use  of  the  members  of  the 
Convention. 

Mr.  Barnwell  offered  the  following  amendment,  which  was  agreed  to  : 

Resolved,  That  the  communication  of  his  Excellency  the  Governor, 
and  the  accompanying  documents,  be  referred  to  a  Special  Committee 
of  twenty-one  members,  who  shall  have  power  to  appoint  sub-com- 
mittees. 

Whereupon  the  President  appointed  the  following  gentlemen,  of  the 
Committee : 

Messrs.  R.  W.  Barnwell,  Messrs.  Henry  C.  Young, 
D.  L.  Wardluw,  S.  Bobo, 

Perry  E.  Duncan,  John  Phillips, 

John  A.  Calhoun,  Simeon  Fair, 

B.  F.  Dunkin,  Alexander  Mazyck, 

J.  P.  Carroll,  Edward  McCrady, 


TUESDAY,  SEPIEMBER  0,  1832.  403 

Messrs.  John  A.  Inglis,  Messrs.  J.  J.  P.  Smith, 

R.  E.  Rhett,  •  T.  Y.  Simons, 

J.  P.  Richardson,  W.  D.  Johnson, 

TV.  F.  DeSaussu're,  G-.  Manigault. 

John  L.  Manning,  . 

Mr.  Harllce* offered  the  following  resolution,  which  was  oi'dercd  for 
consideration  to-morrow  : 

Resolved,  That  the  injunction  of  secrecy  be  removed  from  the  pro- 
ceedings of  this  Convention  iit  its  different  sessions  heretofore  held ; 
and  that  the  proceedings  in  such  secret  sessions  be  printed  with  those 
already  made  public. 

On  motion  of  ]Mr.  John  Izard  MiddFcton,  it  was  ordered  that  when 
the  Convention  adjourns,  it  shall  be  fldjourned  to  meet  to-morrow,  at 
twelve  o'clock,  M. 

Mr.  Robertson  offered  the  following  resolutions,  which  were  consid- 
ered immediately,  and  were  unanimously  agreed  to  : 

# 

Resolved,  That  this  Convention  has  heard  with  emotions  of  profound 
sorrow  and  regret  the  announcement  of  the  deaths  of  General  John 
Buchanan,  iMajor  William  S.  Lyles  and  Col.  John  H.  Means,  who,  at 
the  time  of  their  re!<pective  deaths,  were  members  of  this  Convention 
from  the  District  of  1< airfield. 

Resolved,  That  this  Conveation  tender  to  the  respective  families  and 
relatives  of  the  deceased  the  expression  of  its  sympathy  in  these  afflict- 
ing events. 

Resolved,  That  the  Clerk  of  this  Convention  communicate  a  copy  of 
these  resolutions  to  the  respective  families  of  the  deceased. 

Mr.  Gist  offered  the  following  resoljitions,  which  were  considered 
immediately,  and  were  unanimously  agreed  to : 

Resolved,  That  .this  Convention  has  received,  with  deep  regret,  the 
announcement  of  the  death  of  Col.  James  M.  Gadberry,  late  one  of  its 
luenibers. 

Resolved,  That  his  earnest  and  patriotic  devotion  to  his  ^;ountry's 
honor  and  independence,  which  he  has  sealed  with  his  life's  blood  on 
the  field  of  battle,  entitles  his  memory  to  a  grateful  appreciation  by  his 
State. 

Resolved,  That   a  copy   of   these   resolutions   be   furnished    by    the 


404 


JOURNAL  OF  THE  CONVENTION, 


Secretary  of  the  Convention  to  his  only  known  relative,  Mrs.  Perry,  of 
Union  District.  • 

Resolved,  That  as  a  further  testimonial  of  our  eetecni,  this  body  will 
wear  the  usual  badjie  of  niouruing 

On  motion  of  Mr.  Gist,  and  as  a  further  mark  of  respect  for  the 
memory  of  the  deceased,  the  Convention  was  adjourned  at  half-past  one 
o'clock,  P.  M. 

R.  F.  ARTHUR, 

Clerk  of  the   Convention. 


WEDNESDAY,  SEPTEMBER  10,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
Wm.  Curtis. 

The  Clerk  called  the  roll,  and  the  following;  Delegates  answered  to 
their  names : 


Messrs.  Allison, 
Alston, 
Atkinson, 
Rarnwcll, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
Bonneau, 
Bo&well, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Gurnet, 
Caldwell, 
Calhoun, 
Campbell, 
Carlisle, 


Messrs.  Carnell, 

Caughman, 

Cauthen, 

Charles, 

Chesnut, 

CUeves, 

Clarke, 

Curtis, 

Darby, 

Davant, 

DcSaussure, 

Dozior, 

Duncan, 

Dunkin, 

Duuovant,  R.  G.  M. 

DuPre, 

English, 

Evans, 


WEDNESDAY,  SEPTEMBER  10,  1862. 


405 


Messrs.  Fair, 
Fin  ley, 
Flud, 
Foster, 
Fraiupton, 

Furnian, 

Garlington, 

Geiger, 

Gist, 

Goodwin, 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Gregg,  William 

Grisham, 

Ilanckcl, 

Harllce, 

Harrison, 

Hajne, 

Henderson, 

Honour, 

Hopkins, 

Hutson, 
Inglis, 
Jackson, 
Jefferiea, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kinard, 
Kinsler, 
Landrum, 
Lawton, 
■   Logan, 
McKce, 
McLeod, 
Manigault, 
Mauldin, 
Maxwell, 
^lajea, 


Messrs.  Mazyck, 

Middlcton,  John  Izard 
Middleton,  Williams      • 
Moore, 
3Ioornian, 

Noble, 

Nowell, 

O'Hear, 

Phillips, 

Pope, 

Porcher, 

Preston, 

Quattlebaum, 

Raincy, 

Reed, 

Rhett, 

Rhodes, 

Richardson,  F.  D. 

Richardsonj  J.  p. 

Robertson, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W. 

Sessions, 

Shingler,  J.  M. 
Simons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smyly, 
Spain, 
Springs, 
Stephens, 
Stokes, 
Sullivan, 
1'aylor, 
.Timmons, 
Tompkins, 
Townsend, 


406  JOURNAL  OF  THE  C0NVP:NTI0N, 

Messra.  Wapner,  Messrs.  Wilson,  I.  D. 

Wannamaker,  "Wilson,  J.  H. 

•          "Wardlaw,  Woods, 

Williams,  Yuung. 

The  journal  of  yesterday's  procoodinLTS  was  read. 
Mr.  Phillips  introduced  the  following  Ordinance  : 

AN  ORDINANCE 

To  repeal  an  Ordinance  entitled  "  An  Ordinance  for  strengthenini;  the 
Executive  Department  during  the  exigencies  of  the  present  war," 
and  for  other  purposes. 

1.  Be  it  ortiaincd  hi/  the  People  of  South  Carolina,  in  Convention 
asscmlih'd,  That  the  Ordinance  entitled  an  Ordinance  for  strengthen- 
ing the  Executive  Department  during  the  exigencies  of  the  present 

war,  ordained  by  this  Convention  on  the day  of  last  January, 

be  and  the  same  is  liereby  repealed,  and  that  all  offices  created  and 
established  by  the  same  or  in-  pursuance  thereof,  be  and  the  same  are 
hereby  vacated  and  abolished. 

2.  That  the  Governor  be  and  lie  is  hereby  authorized  and  empowered 
to  appoint  a  Secretary  of  the  Treasury,  to  keep,  examine  and  audit  all 
the  accounts  of  the  Executive  Department.  That  the  said  Secretary 
of  the  Treasury,  when  so  appointed,  shall  hold  his  office  from  the  time 
of  his  appointment  until  ten  days  after  the  next  General  Assembly  of 
this  State  shall  have  convened,  unless  his  office  shall  be  sooner  abolished 
by  the  Legislature.  That  the  said  Secretary  of  the  Treasury  shall 
make  a  report  of  all  his  official  acts  to  the  Governor,  to  be  transmitted 
to  and  examined  by  the  Legislature,  and  that  he  receive  for  his  services 
such  compensation  us  the  Legislature  may  deem  proper. 

o.  That  the  Governor  is  hereby  authorized  and  empowered  to  appoint 
and  commission  one  Assistant  Adjutant  General,  with  the  rank  of  and 
the  same  pay  as  is  allowed  to  a  Captain  of  Infantry  in  the  Confederate 
arniy,  whose  duty  it  shall  be  to  assist  the  Adjutant  General  of  this 
State  in  the  discharge  of  his  official  duties,  and  that  he  shall  hold  his 
office  until  ten  days  after  the  next  General  Assembly  of  this  State  shall 
have  convened, 'unless  his  said  oflice  shall  be  sooner  abolished  by  the 
Legislature. 

4.  That  all  Ordinances,.  Resolutions  or  Orders  of  the  Executive 
Council,  professing  or  purporting  to  alter  or  amend  any  Act  or  Resolu- 
tion of  the  General  Assembly  of  this  Sute,  be  and  the  same  are  hereby 


WEDNESDAY,  SEPTEMBER  10,  1862.  407 

repealed,  except  siich  as  the  Governor  may  deem  necessary  to  the  safety 
of  the  State,  in  which  event  they  shall  continue  in  operation,  and  of 
force,  until  otherwise  altered  or  amended  by  the  Lc;:;islaturo. 

Mr.  Phillips  moved  that  the  Ordinance  be  referred  to  a  Special  Com- 
mittee, and  that  it  be  printed. 

Mr.  J.  Izard  Middleton  moved  that  the  Ordinance  be  reicrred  to  the 
Committee  on  the  Constitution. 

Mr.  Fair  moved  that  it  be  referred  to  the  Special  Committee  of 
Twenty-one;  which  motion  was  not  agreed  tS. 

The  motion  of  Mr.  Phillips  tliat  the  Ordinance  be  referred  to  a 
Special  Committee  of  seven,  and  be  printell,  was  agreed  to.  Where- 
upon the  President  appointed  the  following  gentlemen,  of  the  Com- 
uiittcee  : 

Messrs.  John  Phillips, 

F.  D.  Kichardson, 
W.  P.  Fiuley, 
J.  J.  Ingram, 
K.  G.  M.  Dunovant, 
R.  J.  Davant, 
C.  P.  Sullivan. 

Mr.  Johnson  presented  the  petition  of  citizens  of  Marlboro'  District, 
respecting  the  business  of  the  Convention  at  its  present  session;  which 
was  read,  and  was  referred  to  the  Special  Committee  of  Seven. 

Mr.  John  Izard  Middleton  introduced  the  following  Ordinance, 
which  was  referred  to  the  Committee  on  the  Constitution,  and  was 
ordered  to  be  printed  : 

•    AN  ORDINANCE 

To  amend  the  Fourth  Section  of  the  First  Article  of  the  Constitution. 

The.  People  of  South  Carolina,  in  Convention  asuemhfrJ,  do  herrhy 
nrrfain,  That  the  Fourth  Section  of  the  First  Article  of  the  Constitu- 
tion be  amended  by  adding  thereto  the  following  proviso,  to  wit : 

Provider?,  That  no  person,  who  is  neither  at  the  present  time  a 
citizen  of  one  of  the  States  actually  constituting  the  Confederate  States 
of  America,  nor  in  future,  a  native  of  one  of  said  States,  shall  be 
permitted  to  vote  in  any  general  or  municipal  cloctioD  in  this  iStatc. 

So  that  tlie  scctioo  may  be  read  as  follows  :  Every  free  wnite  man  of 


408  JOURNAL  OF  THE  CONVENTION, 

the  age  of  twenty-one  years,  paupers,  and  non-commissioned  oflBccrs 
and  private  soldiers  of  the  army  of  the  Confederate  States  excepted, 
being  a  citizen  of  this  State,  and  having  resided  therein  two  years  pre- 
vious to  the  diiy  of  election,  and  who  hath  a  freehold  of  fifty  acres  of 
land  or  a  town  lot  of  whi«h  he  hath  been  legally  seized  and  possessed  at 
least  six  months  before  such  election,  or  not  having  such  freehold  or 
town  lot,  hath  been  a  resident  in  the  election  district  in  which  he  offers 
to  give  his  vote,  fiix  months  before  the  said  election,  shall  have  a  right 
to  vote  for  a  member  or  members  to  serve  in  either  branch  of  the 
Legislature  for  the  cloctioR  district  in  which  he  holds  such  property  or 
is  60  resident :  Frovufa/,  that  no  person,  who  is  neither  at  the  preient 
time  a  citizen  of  one  of  the  States  actually  constituting  the  Confed- 
erate States  of  America,  nor  in  future,  a  native  of  one  of  said  States, 
shall  be  permitted  to  vote  in  any  general  or  municipal  election  in  this 
State. 

Mr.  Curtis  presented  the  account  of  W.  H.  Trimmier  for  advertising 
done  for  the  Convention,  and  the  account  of  W.  H.  Trimmier  for  ad- 
vertising done  for  the  Governor  and  Council,  which  were  respectively 
referred  to  the  Committee  on  Accounts. 

On  motion  of  Mr.  llccd,- leave  of  absence  was  granted  to  Mr.  A.  F. 
Lewis,  OJ  account  of  illness  in  his  family. 

On  motion  of  Mr.  Moore,  leave  of  absence  was  granted  to  Mr.  A.  Q. 
Dunovant,  who  is  necessarily  absent  in  attendance  on  a  wounded  son. 

Mr.  Inglis  introduced  the  following  Ordinance,  which  was  referred 
to  the  Committee  on  the  Constitution  : 

AN  ORDINANCE 

To  repeal  "An  Ordinance  to  suspend  certain  parts  of  the  Constitution 
of  the  State  of  South  Carolina." 
We,  the  People  of  (he  Slate  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
That  the  Ordinance  entitled,  "  An  Ordinance  to  suspend  certain  parts 
of  the  Constitution  of  the  State  of  South  Carolina,"  adopted  by  this 
Convention  at  the  last  session  thereof,  be  and  the  same  is  hereby 
repealed. 

Mr.  Inglis  offerod  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow  : 

ResolveOj  That  the  Governor  and  Council  be  requested  to  communi- 


THURSDAY,    SEPTEMBER  11,  18i32.  409 

cate  to  this  Convention  the  names  of  all  persons  who  hate  made  appli- 
cation to  them  for  appointment  to  any  office  in  their  gift,  with  the 
result  of  such  application. 

GENERAL  ORDERS. 

A  resolution  (by  Mr.  Harllee)  providing  for  the  printing  of  the 
secret  proceedings  ot  the  Convention,  was,  on  motion  of  Mr.  Barnwell, 
referred  to  the  Convention  for  consideration  when  in  secret  session. 

On  motion  of  ^Mr.  Barnwell,  it  «was  ordered  that  when  the  Conven- 
tion adjourns,  it  shall  be  adjourned  to  meet  .to-morrow  at  twelve 
o'clock,  M. 

Mr.  Henderson  offered  the  following  resolutions,  which  were  unani- 
mously agreed  to  :  , 

Resolved,  That  we,  the  members  of  this  Convention,  have  heard 
with  sorrow  and  regret  of  the  death  of  the  Hon.  M.  E'.  Cam,  and  beg 
leave  to  mingle  oui'  sympathies  with  his  bereaved  famiiy. 

Besolvcd,  That  the  Clerk  of  this  Convention  enclose  a  copy  of  these 
resolutions  to  his  afflicted  family,  and  that  this  Convention  do  now 
adjourn. 

The  Convention  was  adjourned  at  fifteen  minutes  past  one  o'clock, 

r.  M.  • 

B.  F.  ARTHUR, 

,  .  .Clerk  of  the  Convention. 


THURSDAY,  SEPTEMBER  11,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  C.  Furman. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 

Messrs.  Allison,  Messrs.  Bcthca, 
Alston,  Bonneau, 

Atkinson,  BoswcU, 

Barton,  Brabham, 

Beaty,  Brown,  A.  H. 

52 


410 


JOURNAL  OF  THP:  CONVExNTION, 


Messrs.  Brown,  C.  P. 
Caldwell, 
Campbell, 
Carlisle, 
Caughman, 
Cauthen, 
Charles, 
Cbeves, 
Clarke, 
Darby, 
.  Davant, 
Dozier, 

Dunovant,  R.  G.  M. 
DuPre, 
English, 
Evans, 
Finley, 
Flud, 
Franipton, 
Furman, 
Garlington, 
Geiger, 
Gist, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 

Gregg,  William 
•    Grisham, 
Hanckel, 
Harllee, 
Harrison, 
Hajne, 
Henderson, 
Honour, 
Hopkins, 
Hutson, 
Ingram, 
Jackson, 
JefferieSy 


Messrs.  Jenkins,  John 
Jenkins,  J.  E, 
Kinard, 
Land  rum, 
Lawton, 
Logan, 
McKee,      • 
McLeod, 
«  Mauldin, 

Maxwell, 
iMaycs, 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Phillips, 
Porcher, 
Preston, . 
Quattlebaum, 
Rainey, 
Reed, 
Rhodes, 

Ilichardson,  F.  D. 
Richardson,  J.  P. 
Robertson, 
Robinson, 
Scott, 

Seabrook,  E.  M. 
Seabrook,  G.  W. 
Sessions, 
Shingler,  J.  M. 
Simpson, 
Sims, 

Smith,  Thomas 
Smyly, 
Spain, 
Springs, 


THURSDAY,  SEPTEMBER  11,  1862. 


411 


Messrs.  Stephens, 
Stokes, 

Messrs. 

Wagner, 
Wannamaker, 

Sullivan, 

Wardlaw, 

Taylor, 

Thompson,  R.  A. 
Timmons, 

Williams, 
Wilson,  I.  D. 
Wilson,  J.  H. 

Tompkins, 
Townsend, 

Woods. 

The  journal  of  yesterday's  proceedings  was  read. 
The  following  letter  was  read  by  the  President : 

Near  Georgetown,  S.  C,  1st  September,  1862. 
Hon.  D.  F.  Jamison  : 

Dear  Sir:  This  District  having  been  abandoned  to  the  enemy,  we 
are  subjected  in  all  our  rivers  to  frequent  raids  by  gunboats,  attended 
always  with  spoliation  and  destruction  of  property.  The  duties  of  the 
office  I  hold  (Provost  Marshal  by  appointment  of  the  Governor,)  re- 
quire constant  vigilance  and  attention.  I  ask  to  be  excused  from 
attending  the  Convention,  at  the  meeting  called  on  9th  instant. 
Very  respectfully,  your  ob't  serv't, 

FRANCIS  S.  PARKER. 

On  motion  of  Mr.  Dunkin,  leave  of  absence  was  granted  to  Mr. 
Parkc". 

The  following  letter  was  read  by  the  President : 

.    '         Georgetown,  September  5th,  1862. 
Hon.  D.  F.  Jamison  : 

Dear  Sir:  The  occupation  of  the  waters  of  Winyah  by  the  enemy, 
their  frequent  forays  into  the  District,  and  our  defenceless  condition, 
abandoned  as  we  are,  by  both  State  and  Confederate  authorities,  render 
it  necessary  for  me  to  remain  at  home  for  the  care  of  my  family. 

I  therefore  respectfully  ask  of  the  Convention  leave  of  absence  from 
their  present  session. 

Very  respectfully,  your  ob't  serv't, 

ALEXIUS  M.  FORSTEK, 
Of  T'rince  George  Winyah. 

On  motion  of  ^Ir.  Dunkin,  leave  of  absence  was  granted  to  Mr. 
Fonster. 


412  JOURNAL  OF  THE  CONVENTION, 

Mr.  Manigault  offered  the  followincr  resolutions,  which  were  ordered 
for  consideration  to-morro\"«r,  and  to  be  printed  : 

1.  R<solvi(J,  That  the  maintenance  of  a  militia  is  an  essential  part 
of  the  Constitution  of  this  State  a'Du  of  the  Confederate  States. 

2.  Resolved,  That  the  clause  in  the  Constitution  of  the  Confederate 
States,  which  provides  that  Congress  .shall  have  power  to  provide  for 
the  common  defence,  does  not  preclude  an  individual  State  irom  pro- 
viding for  its  particular  defence. 

3.  Resolved,  That  the  Constitution  of  the  Confederate  States  con- 
tains no  clause  prohibiting  to  the  individual  States  the  exercise,  in 
time  of  war,  of  their  ori^ginal  sovereign  right  to  keep  troops  and  ships 
of  war. 

4.  Resolved,  That  in  providing  for  the  common  defence,  the 
language  of  the  Constitution  discriminates  between  the  powers  to  "raise 
and  support  armies"  and  "to  keep  troops"  on  the  one  har.d,  and  the 
"organizing,  arming  and  disciplining  of  the  militia,"  and  "employing 
theni  in  the  service  of  the  Confederate  States,"  on  the  other. 

5.  Resolved,  That  the  Constitution  of  the  Confederate  States  pre- 
scribes the  mode  in  which  the  whole  military  force  of  the  Confederacy 
may.  be  made  available  for  its  defence ;  its  provisions  as  to  the  militia, 
and  the  legislation  necessary  to  carry  them  into  effect,  being  the  only 
kind  of  compulsive  levy  or  consciiption  authorized  by  the  Constitution, 
or  contemplated  by  the  framers  of  it. 

6.  Resolved,  That  the  clause  in  the  Constitution,  which  reserves  to 
the  States  respectively  the  appointment  of  officers,  and  the  authority  of 
training  the  militia,  is  provided  as  a  safeguard  to  the  sovereignty  of  the 
States  against  the  dangers  arising  from  the  existence  of  a  large  army, 
by  reserving  to  each  State  the  allegiance  of,  and  a  control  over,  its 
citizens  when  called  into  the  Confederate  service. 

7.  Resolved,  That  it  shall  be  the  duty  of  the  Legislature  to  take 
effectual  measures  to  prevent  the  agents  of  the  Confederate  Govern- 
ment from  raising  troops  in  South  Carolina,  except  by  voluntary 
enlistments,  or  by  applying  to  the  Executive  of  the  State  to  call  out 
the  militia  as  by  law  organized,  or  some  part  of  it,  to  bo  mustered  into 
the  Confedeiate  service. 

Mr.  Allison  presented  the  account  of  tlie  Yorkville  Enquirer  for 
advertising,  which  was  referred  to  the  Committee  on  Accounts. 

Mr.  Rhett  offered  the  following  resolutions,  which  were  ordered  for 
consideration  to-morrow,  and  to  be  printed: 


THURSDAY,  SEPTEMBER  11,  1862.  413 

Resolved,  That  in  the  opiniou  of  this  Convention,  slaveholding  and 
non-slaveholding  States  cannot  continue  in  peace  and  safety  together, 
under  the  same  (Jovernnient,  and  that,  therefore,  the  admission  of  any 
State  into  the  confederacy  of  the  Confederate  States,  which  does  not 
tolerate  tlie  institution  of  slavery  within  its  limits  by  its  fundamental 
law,  will  be  dangerous  to  the  peace,  welfare  and  stability  of  the  Con- 
federate States.  • 

Resolved,  That  the  States  composing  the  United  States  should  have 
no  commercial  privileges  granted  to  them  by  the  Confederato  States, 
which  are  not  granted  to  other  nations  (excepting  the  free  navigation 
of  the  Mississippi  livcr,  to  which  they  arc  entitled);  and  any  law  or 
treaty  which  may  grant  any  such  privileges  to  any  of  the  said  United 
States,  in  the  opinion  of  this  Convention,  will  be  hostile  to  the  welfare, 
and  dangerous  to  the  peace  and  iDdependeucc  of  the  Confederate 
States. 

Risohcd,  That  by  the  Constitution  of  the  Confederate  States,  Con- 
gress has  no  power  to  establish  or  carry  on  any  system  of  Internal  Im- 
provements in  the  Confederate  States,  whether  embracing  Railroads, 
Canals  or  Rivers,  and  that,  therefore,  the  late  appropriations  of  money 
by  Congress  for  the  building  of  Railroads  in  several  of  the  Confederato 
States,  are  usurpations  of  power,  contrary  to  the  purport  and  spirit  of 
the  Constitution  of  the  Confederate  States. 

On  motion  of  Mr.  Ilarllce,  the  Convention  went  into 

SECRET  SESSION. 

The  Convention  proceeded  to  the  consideration  of  the  following  reso- 
lution : 

Resolved,  That  the  injunction  of  secrecy  be  removed  from  the  pro- 
ceedings of  this  Convention  at  its  different  sessions  heretofore  held,  and 
that  the  proceedings  in  such  secret  sessions  be  printed  with  those 
already  made  public. 

.   Mr.  Barnwell  offered  the  following  amendment : 

Except  so  much  as  relates  to  the  Ordinances  for  the  removal  of  the 
negro  slaves  from  the  Districts  invaded  or  threatened  with  invasion 
by  the  public  enemy. 

On  motion  cf  Mr.  Quattlcbaum,  the  resolution  and  the  amendment 
were  referred  to  the  Committee  on  Engrcssed  Ordinances. 


414  JOURNAL  OF  TOE  CONVENTION, 

Mr.  McCrady  offered  the  following  resolution,  which  was  agreed  to: 

Resolved,  That  it  be  referred  to  the  Committee  on  Engrossed  Ordi- 
nances to  consider  and  report  whether  there  are  any  portions  (and  what 
portions  specially)  of  the  journals,  resolutions  and  Ordinances  of  the 
former  sessions  of  this  Convention  whiA  cannot  yet  safely  be  made 
public. 

Mr.  Williams  ^liddleton  presented  the  report  of  the  Commission  for 
Beaufort  District  for  the  removal  of  slaves,  under  the  Ordinance  of  the 
Convention,  together  with  the  report  of  the  Central  Secretary  of  the 
Commission. 

On  motion  of  Mr.  Barnwell,  the  report  of  the  Commission  was 
ordered  to  lie  on  the  table,  and  the  report  of  the  Central  Secretary  was 
referred  to  the  Committee  on  Accounts. 

Mr.  llhett  offered  the  following  resolution,  which  was  agreed  to: 

Resolved,  That  it  be  referred  to  the  Committee  on  Engrossed 
Ordinances,  to  inquire  and  report  whether  it  is  expedient  to  repeal  the 
resolution  placing  the  injunction  of  secrecy  on  the  debates  in  this  Con- 
vention on  the  adoption  of  the  Constitution  of  the  Confederate  States. 

On  motion  of  Mr.  Reed,  the  doors  were  opened. 

On  motion  of  Mr.  Mazyck,  it  was  ordered  that  when  the  Convention 
ardjourns,  it  shall  be  adjourned  to  meet  to-morrow,  at  twelve  o'clock,  M. 

Mr.  John  Izard  Middleton  asked  and  obtained  leave  to  withdraw 
from  the  Committee  on  the  Constitution,  an  Ordinance  to  amend  the 
fourth  section  of  the  lirst  Article  of  the  Constitution. 

Mr.  John  Izard  Middleton  introduced  an  Ordinance  to  amend  the 
thirteenth  section  of  the  first  Article  of  the  Constitution,  which  was 
referred  to  the  Committee  on  the  Constitution. 

On  motion  of  Mr.  Manning,  leave  of  absence  was  granted  to  Mr. 
Ingram,  on  account  of  illness  in  his  family. 

*  GENERAL  ORDERS. 

A  resolution  (by  Mr.  Inglis,)  calling  for  certain  information  from 
the  Governor  and  Council,  was  agreed  to. 

The  President  announced  that"  Mr.  Hopkins  is  added  to  the  Special 
Committee  of  Seven. 

On  motion  of  3ir.  Rhctt,  the  Convention  was  adjourned  at  thirty-five 

minutes  past  two  o'clock,  P.  M. 

B.  P.  ARTllUR, 

Clerk  of  the  Convention. 


FRIDAY,  SEPTEMBER  12,  1862. 


415 


FRIDAY,  SEPTEMBER  12,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prajer  by  Rev. 
H.  D.  Green. 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names  : 


Messrs.  Allison,  * 
Alston, 
Atkinson, 
Barnwell, 
Barton, 
Beaty, 
Bethea, 
Bobo, 
]?onneau, 
Boswcll, 
Brabham, 
Brown,  A.  H. 
Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Caughman, 
Cauthen, 
Charles,* 
Chesnut, 

Cheves,  • 

Clarke, 
Curtis, 
Darby, 
Davant, 
DeSaussure, 
Dozier, 
Duncan, 
Dunkin, 
Danovant,  R.  G.  M. 


Messrs.  DuPre, 
English, 
Evans, 
Fair, 
Finley, 
Flud,    . 
Foster, 
Frampton, 
Furman, 
Garlington, 
Geiger, 
Gist, 

Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 
Grisham, 
Hanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
idopkins, 
Hunter, 
llutson, 
Inglis, 
Jackson, 
Jefferics, 
Jenkins,  John 
Jenkins,  J.  E. 


416 


JOURNAL  CF  THE  CONVKXTIOX, 


Messrs.  Johnpon, 
Kinard, 
Land  rum, 
Law  ton, 
l^o^ran, 
McCrady, 
McKee, 
McLcod, 
jManijrault, 
^lanninp:, 
Mauldin, 
jMaxwcll, 
JIaycs, 
•    Mazyck, 

Midillcton,  John  Izard 

MiJdleton,  Williams 

Moore, 

]\Ioorman, 

Nowell, 

O'llear, 

Palmer, 

Phillips, 

Porcher, 

Preston, 

Quattlcbaum, 

Kainey, 

Reed, 

Rhctt, 

Rhodes, 

Richardson,  F.  D. 

The  journal  of  yesterday's  proceedings  was  read. 

On  motion  of  Mr.  Phillips,  leave  was  granted  to  the  Special  Com- 
mittee of  Seven  to  hold  their  sittings  during  the  sessions  of  the  Con- 
vention. 

Mr.  R.  N.  Gourdin  presented  the  report  of  the  Commission  for  the 
removal  of  persons  and  property  from  the  City  of  Charleston,  which,  on 
motion  of  31r.  Raniwell,  was  ordered  for  consideration  in  secret  session. 

Mr.  Wardlaw,  from  the  Committee  on  the  Constitution,  made  reports, 

Ou  an  Ordinance  to  repeal  "  An  Ordinance  to  suspend  certain  parts 
of  the  Constitution  of  the  State  of  South  Carolina ;"  and 


Messrs.  Richardson,  J.  P. 
Robertson, 
Scabrook,  G.  "W. 
Sessions, 
Shingler,  J.  M. 
Simons, 
Mnipson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smyly, 
Spain, 
Springs, 
Stephens, 
Stokes, 
Sullivan, 
Taylor, 

Thompson,  R.  A. 
Timmons, 
Tompkins, 
Town.«end, 
Wagner, 
Wannamakcr, 
Wardlaw, 
Williams, 
Wilson,  I.  D. 
Wilson,  J.  n. 
Woods, 
You  no;.       ' 


FRIDAY,  SEPTEMBER  12,  1862.  417 

On  an  Ordinance  to  amend  the  thirteenth  section  of  the  first  Article 
of  the  Constitution,  which  wore  severally  ordered  for  consideration  to- 
morrow. 

On  motion  of  Mr.  Eobo,  lowvc  of  absence  was  granted  to  Mr.  Kil- 
gore,  on  account  of  military  duties. 

Mr.  Barnwell  presented  the  report  of  the  Special  Committee  of 
Twepty-one,  on  the  communication  of  his  Excellency  the  Governor, 
and  the  accompanying  documents  ; 

•  Also,  reports  of  sub-committees  of  the  Special  Committee  of  Twen- 
ty-one, 

On  "  Correspondence ;" 

On  the  Journal  of  the  Executive  Council ; 

On  the  Report  of  the  Chief  of  the  Department  of  the  Military, 
with  accompanying  documents ; 

On  the  Report  of  the  Chief  of  the  Department  of  Construction  and 
Manufacture ; 

On  the  Report  of  the  Chief  of  the  Department  of  Treasury  and 
Finance  ;  and 

On  the  Report  of  the  Chief  of  the  Department  of  Justice  and  Police ; 
which  were  severally  ordered  for  consideration  to-morrow,  and  to  be 
printed. 

GENERAL  ORDERS. 

Resolutions  (by  Mr.  Manigault)  were,  on  motion  of  Mr.  Wardlaw, 
ordered  to  lie  on  the  table. 

Resolutions  (by  Mr.  Rhctt)  were  taken  up. 

Mr.  A.  H.  Brown  moved  that  the  resolutions  be  ordered  to  lie  on  the 
table,  and  the  question  being  put,  will  the  Convention  agree  thereto  ? 
it  passed  in  the  negative. 

Yeas,  58;  nays,  61. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative,  are 

Messrs.  Barnwell,  Messrs.  Brown,  A.  H. 

Barton,  Campbell, 

Beaty,  Carlisle, 

Bethea,  Carroll, 

Bobo,  ,  Ciiughman,  \ 

Boswell,  Cauthen, 
53 


418 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Charles, 
ChesDut, 
Clieves, 
Curtis, 
DeSaussure, 
Duncan, 
Dunkin, 
Evans, 
Fair,      r    * 
Foster, 
Frampton, 
Furman, 
Govdwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 
Harrison, 
Hayne, 
Honour, 
Hunter, 
Johnson, 
Kinard, 
Kinslcr, 


Messrs.  Land  rum, 
McCradj, 
McKee, 
Mauldin, 
Mayes, 
Mazy  ok, 
Moore, 
Noble, 
Pope, 
Kainey, 
Reed, 

Richardson,  J.  V 
Robertson, 
Seabrook,  E.  M. 
Simons, 
Sniyly, 

Thompson,  R.  A. 
Tompkins, 
Townsend, 
.Wannamaker, 
Ward  law, 
Wilson,  I.  D. 
Wilson,  J.  H. 


Those  who  voted  in  the  negative,  are 


m^. 


Messrs.  Allison, 
Alston, 
Atkinson, 
Brabham, 
Brown,  C.  P. 
Buruet,    • 
Cain, 
Caldwell, 
Calhoun, 
Clarke, 
Darby, 
Dozier, 
DuPre. 


Hon.  D,  F.  Jamison,  President;  and 


Messrs.  English, 
Flud, 


Garlington, 

Gciger, 

Gist, 

Hanckel, 

Harllec, 

Henderson, 

Hutson, 

luglis, 

Jackson, 

Jcfferies, 

Jenkins,  John 


FRIDAY,  SEPTEMBER  12,  1862. 


419 


Messrs.  Jenkins,  J.  E. 
Lawton, 
Logan, 
McLeod, 
Manigault," 
Maxwell, 

Middleton,  J,  lard 
Mii^leton,  Williams 
M'obrman, 
Nowell, 
O'Hear,  - 
Palmer, 
Porcher, 
•    Quattlebaum, 
Rhett, 
Rhodes, 
Scott, 


Messrs,  Seabrook,  G.  W. 
Sessions, 
Shingler,  J.  M. 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Spain, 
Springs, 
Stephens, 
Stokes, 
Taylor, 
Timmons, 
Wagner, 
Williams, 
Woods, 
.    Youncr. 


•  So  the  motion  was  not  agreed  to. 

Mr.  Reed  moved  that  the  first  resolution  be  ordered  to  lie  on  the 
table,  and  the  question  being  put,  will  tl^  Convention  agree  thereto  ? 
it  passed  in  the  negative.  , 

Yeas,  45 ;  nays,  68. 
The  yeas  and  nays  were  demanded,  and  are  as  follows  : 
Those  who  voted  in  the  affirmative,  are 


Messrs.  Barnwell, 
Barton, 
Bethea, 
Bobo, 

Brown,  A.  H. 
Carlisle, 
Carroll, 
Caughman, 
Charles, 
Cheves, 
Curtis, 
DeSaussure, 
Duncan, 
Dunkin, 


Messrs.  Evans, 
Fair, 
Foster, 
Framptou, 
Goodwin, 
Grishara, 
Harrison, 
Hayne, 
Hunter, 
Johnson, 
Kinard, 
Kinsler, 
Landrura, 
McCrady, 


120 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  McKee, 
Mauldin, 
Mayes, 
Mazyck, 
Moore, 
Noble, 
Pope, 
Rainey, 
Reed, 


Messrs.  Scab  rook,  E.  M. 
Simons, 
Sni}ly, 

Tl'.onipson,  R.  A. 
Tonipkrns, 
Town.send, 
Wannamaker, 
Wardlaw.         • 


Those  who  voted  in  the  negative,  are 

Hon.  D.  F.  Jamison,  President,  and 
Messrs.  Allison,  Messrs.  Hutson, 

Alston,  Inglis, 


Atkinson, 

Beaty, 

Poswell, 

Brown,  C.  P. 

Burnet, 

Cain, 

Caldwell, 

Calhoun, 

Campbell, 

Cauthen, 

Clarke, 

Darby, 

Pozier, 

DuPre, 

English, 

Flud, 

Furman, 

GarlingtoD, 

Geiger, 

Gist, 

Gourdin,  R.  N. 

Hanckel, 

Harllee, 

Henderson, 

Honour, 


Jackson, 

Jeflferics, 

Jenkins,  John 

Jenkins,  J.  E. 

Lawton, 

Logan, 

McLeod, 

Manigault, 

Maxwell, 

J^ddlctcn,  John  Izard 

Middlcton,  Williams 

Moorman, 

Now  ell, 

O'Hear, 

Palmer, 

Porcher, 

Quattlebaum, 

Rhett, 

Rhodes, 

Robertson, 

Scott, 

Seabrook,  G.  W. 

Sessions, 

Shingler,  J.  M. 

Simpson, 


SATURDAY,  SEPTEMBER  13,  1862.  421 

Messrs   Sims,  Messrs.  Taylor,, 

Smith,  J.  J.  P.  ,  Wagner, 

Smith,  Thomas  Williams, 

Spain,  Wilson,  J.  H. 

Springs,  •  Woods, 

btephcDS,  Young, 
Stokes, 

So  the  motion  was  not  agreed  to. 

Mr.  Chevcs  moved  that  the  further  consideration  of  the  first  resolu- 
tion be  indefinitely  postponed;  and,  pending  the  consideration  thereof, 

On  motion  of  Mr.  Townsend,  leave  of  absence  was  granted  to  Mr. 
Wagaer,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  English,  leave  of  absence  was  granted  to   Mr. 
Robinson,  on  account  of  important  professional  engagements. 

On  motion  of  Mr.  A.  H.  Brown,  the  Convention  was  adjourned  at 
thirty  minutes  past  three  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the   Convention. 


SATURDAY,  SEPTEMBER  13,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 

took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  G.  Landrum. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 

Messrs.  Allison,  Messrs.  Burnet, 

Alston,  Cain, 

Atkinson,  Caldwell, 

Barnwell,  Calhoun, 

Barton,  Caughman, 

Bcthea,  •      *  Cauthen, 

Bobo,  Charles, 

Bonneau,  Chesnut, 

Boswell,  Cheves, 

*         Brown,  C.  P.  Curtis, 


422 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Darby, 
Davant, 
DeSaussure,  • 
Dozier, 
Duncan, 
Dunkin, 

DuDovant,  R.  G.  M. 
DuPre, 
Evans, 
Fair, 
Finlcy, 
Fostor, 
Fratupton, 
Furman, 
Garlington, 
Geiger, 
Gist, 
Goodwin, 
.  Gourdin,  R.  N. 
Green, 
Grisham, 
Hanckel, 
Harllee, 
Harrison, 
Hayne, 
Henderson, 
Honour, 
Hopkins, 
Hunter, 
Hutson, 
Inglis, 
Jackson, 
JeflFeries, 
Jenkins,  John 
Jenkins,  J.  E. 
Johnson, 
Kinard, 
Landrum, 
Law  ton, 
Logan, 
McKee, 


Messrs.  McLeod, 
Mauldin, 
Maxwell, 
Mazyckj 

Middleton,  John  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'llear, 
Palmer, 
Phillips, 
Porcher, 
Quattlcbaum, 
Rainey, 
Reed, 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Robertson, 
Scott, 
Sessions, 
Shingler,  J.  M. 
Simons, 
Sims, 

Smith,  Thomas 
Smyly, 
Spain, 
Springs, 
Stephens, 
Taylor, 
Tompkins, 
AVannamaker, 
Ward  law, 
Williams,' 
Wilson,  L  D. 
Wilson,  J.  H. 
Woods, 
Young. 


SATURDAY,  SEPTEMBER  13,  1862.  423 

The  journal  of  yesterday's  proceediags  was  read. 

The  Convention  resumed  the  consideration  of  the  resolutions  offered 
by  Mr.  Rhett. 

x^Ir.  Cheves  withdrew  his  motion  to  indefinitely  postpone  the  first 
resolution. 

Mr.  Quattlebaum  moved  to  strike  out  the  first  resolution,  and  insert 
the  following: 

Resolved,  That  this  Convention  having  at  its  previous  sessions  suffi- 
ciently expressed  its  views  regarding  the  powers  and  duties  of  the  Con- 
federate Govetnment,  and  having  undergone  no  change  of  sentiment  in 
relation  thereto,  deem  it  unnecessary  to  enunciate  any  further  expres- 
sion of  opinion  touching  the  same. 

Mr.  DeSaussure  offgred  the  following  amendment,  which  was  ac- 
cepted by  the  mover  of  the  resolution  : 

To  inScrt  between  the  vpord  "  views  "  and  the  word  *'  regarding,"  the 
following :  "  in  relation  to  the  admission  of  non-slaveholding  States 
into  the  Confederacy,  and  " 

Mr.  Cheves  offered  the  following  amendment : 

Whereas,  this  Convention  has  already  fully  expressed  it!  opinion  on 
the  matter  of  certain  amendments  to  the  Confederate  Constitution,  it  is 
not  expedient  now  to  take  up  these  subjects  for  reconsideration. 

Mr.  Burnet  moved  that  the  amendments  be  ordered  to  lie  on  the 
table,  and  the  question  being  put,  will  the  Convention  agree  thereto? 
it  passed  in  the  negative. 

Yeas,  58;  nays,  60. 

The  yeas  and  nays  were  demanded,  and  are  as  follows : 

Those  who  voted  in  the  affirmative,  are 

Hon.  D.  F.  Jamison,  President;  and 

Messrs.  Allison,  Messrs.  l^rown,  C.  P. 

Alston,  Burnet, 

Atkinson,  Cain, 

Barton,  Caldwell, 

Bcaty,  Calhoun, 

Bonneau,  Clarke, 

Boswell,  Darby, 


424 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Davant, 

Messrs.  Moorman, 

Dozier, 

O'Hear, 

DuPre, 

Palmer, 

Flud, 

Porcher, 

Garlington, 

Kaincy, 

Geiger, 

Rhett, 

'    Ilanckel, 

Rhodes, 

Harllee, 

Richardson,  F.  D. 

Henderson, 

Scott, 

Hopkins, 

Seabrook,  G.  W. 

,      Inglis, 

Sessions, 

Jackson, 

Shingler,  J.  M. 

JeSferies, 

Simpson, 

Jenkins,  John 

Sims, 

Jenkins,  J.  E. 

Spain, 

Lawton, 

Springs, 

Logan, 

Stephens, 

JMcLeod, 

Sullivan, 

Manigault, 

Taylor, 

Maxwell, 

"Williams, 

Middleton,  John  Izard 

Woods. 

Middleton,  Williams 

Those  who  voted  in  the  negative,  are 


Messrs.  Barnwell, 
Bethea, 
Bobo, 
Carroll, 
Caughman, 
Cauthen, 
Chesnut, 
Cheves, 
Curtis, 
DeSaussurc, 
Duncan, 
Dunkin, 

Dunovant,  R.  G.  M. 
Evans, 
Fair, 


Messrs.  Finley, 
Foster, 
.  Frarapton, 
Furman, 
Gist, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
Green, 
Grisham, 
Harrison, 
Hayne, 
Honour, 
Hunter, 
Hutson, 


SATURDAY,  SEPTEMBER  13,  1862. 


425 


Messrs.  Johnson, 
Kinard, 
Land  rum, 
McCrady, 
McKee,  ■ 
Manning, 
Mauldin, 
.  Mazyck, 
Moore, 
Noble, 
Nowell, 
Phillips, 
Pope, 
Preston, 
Quattlcbaum, 
Reed, 


Messrs.  Richardson,  J.  P. 
Robertson, 
Scab  rook,  E.  M. 
Simons, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smyly, 

Thompson,  R.  A. 
Tompkins, 
Townsend, 
Wannamaker, 
Wardlaw, 
Wilson,  I.  D. 
Wilson,  J.  11. 
Younjr. 


Mr.  Cheves  withdrew  his  amendment. 

The  amendment  offered  by  IMr.  Quattlebaum  was  agreed  to. 

On  motion  of  Mr.  Quattlcbaum,  the  remaining  resolutions  were 
ordered  to  lie  on  the  table. 

The  General  Orders  were  suspended,  and  Mr.  Mazyck  presented  the 
report  of  the  Commission  for  removal  of  negroes  in  Charleston  District, 
and 

The  report  of  tlws  Central  Secretary  to  the  Commission  for  George- 
town District;  which  were  severallj  ordered  for  consideration  in  secret 
session. 

Mr.  F.  D.  Richardson  presented  the  report  of  the  majority  of  the 
Special  Committee  of  ^"even,  on  an  Ordinance  to  repeal  "An  Ordinance 
for  strengthening  the  Executive  Department  during  the  exigencies  of 
the  present  war;"  and  on  the  petition  of  citizens  of  Marlboro'  respect- 
ing the  business  of  the  Convention  at  its  present  session;  which  was 
ordered  to  be  printed,  and  was  made  the  special  order  of  the  day  for 
Monday  next,  at  twelve  o'clock,  M. 

y\r.  Phillips  presented  the  report  of  the  minority  of  the  same  Com- 
mittee on  the  same  subjects;  which  was  ordered  to  be  printed,  and  was 
made  the  special  order  of  the  day  for  Monday  next,  at  twelve  o'clock,  M. 

Mr.  Allison,  from  the  Committee  on  Accounts,  made  report*. 

On  the  account  of  Wm.  II.  Trimmier,  for  advertising  done  for  the 
Governor  and  (.'ouucil ;  and 
54 


'426  JOURNAL  OF  THE  CONVENTION, 

On  the  account  of  Wm.  H.  Trimmier,  for  advertising  the  calls  of  the 
Convention;  which  were  severally  ordered  for  consideration  on  Monday 
uext. 

The  Convention  resumed  the' consideration  of  the 

GENERAL  ORDERS. 

The  report  of  the  Comujittee  on  the  Constitution  on  an  Ordinance 
to  repeal  an  Ordinance  to  suspend  certain  parts  of  the  Constittltiou  of 
the  State  of  South  Carolina;  and 

The  report  of  the  same  Committee  on  an  Ordinance  to  amend  the 
thirteenth  section  of  the  first  Article  of  the  Constitution,  were  a2;reed 
to.  • 

The  report  of  the  Special  Committee  of  Twenty  one  was  taken  up. 

On  motion  of  Mr.  Harllce,  the  General  Orders  were  su>'Y»cndcd,  and 
Mr.  Ilarllee  ofi'ered  the  following  rosolutioD,  which  was  agreed  to: 

Resolved,  That  the  vote  and  proceedings  of  this  Convention  upon 
the  adoption  of  the  Ordinance  for  strengthening^the  Executive  Depart- 
ment, during  the  exigencies  of  the  present  war,  be  made  public. 

The  General  Orders  were  resumed. 

Mr.  Reed  moved  to  strike  out,  from  the  report,  the  following  para- 
graph : 

Your  Committee  have,  by  their  examination  of  these,  papers,  been 
deeply  impressed  with  the  conviction  that  the  ordinary  powcis  of  the 
Executive  would  have  been  entirely  "inadequate  to  effect  the  objects  to 
which  the  labors  of  the  Council  have  been  directed,  and  that  the  estab- 
lishment of  such  a  body,  with  the  extraordinary  powers  conferred  upon 
it,  was  required  by  the  condition  of  the  country  and  the  exigencies  of 
the  times. 

The  motion  was  not  agreed  to. 

ISlr.  E.  M.  Seabrook  moved  to  strike  out  from  the  report  of  the 
Committee  the  fullowing  words : 

Into  this  question  it  is  needless  now  to  enter,  for  it  seems  plain  to 
the  Committee  that  every  act  of  tliis  Convention,  and  of  those  who 
have  acted  under  its  authority,  which  is  mentioned  in  the  report  from 
this  department,  is  embraced  within  the  scope  of  the  Act  of  the  Legis- 
lature which  provided  for  the  election  of  delegates  to  this  Convention. 


MONDAY,  SEPTEMBER  15,  1862.  427 

On  motion  of  Mr.  Inglis,  the  General  X)rdcrs  were  suspended,  and 
Mr.  Barnwell  offered  the  following  resolution,  which  was  agreed  to : 

Resolved,  That  the  journal  of  the  Governor  and  Council,  in  the 
hands  of  the  Secretary,  be  open  to  the  inspection  of  the  members  of 
the  Convention  of  this  State  and  the  citizens  generally;  but  that  this 
resolution  shall  not  be  so  construed  as  to  require  the  Secretary  to  part 
with  the  possession  of  the  said  journal  or  other  records  of  the  Governor 
and  Council. 

^  On  motion  of  Mr.  Pope,  the  Convention  went  into 

SECRET  SESSION. 

The  "correspondence"  accompanying  the  communication  of  his  Ex- 
cellency the  Governor  was  read. 

Ou  motion  of  Mr.  Inglis,  the  doors  were  opened. 
On  motion  of  Mr.  Reed,  the  Convention  was  adjourned  at  ten  min- 
utes past  four  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the' Convention. 


MONDAY,  SEPTEMBER  15,  f862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
J.  J.  Wannamakcr. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names : 

Messrs.  Allison,  Messrs.  Burnet, 

Alston,  Caldwell, 

Barttwell,  Calhoun, 

.  Bcaty,  Caughman, 

Bethca,  Cauthen, 

>  Bobo,  Charles, 

Bonneau,  Chcsnut, 

Boswell,  Clarke, 

Brawn,  A.  H.  (Curtis, 


428 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Davant, 

DeSaussure, 

Dozier, 

Duncan, 

Dunkin, 

Dunovant,  R.  G.  M. 

DuPre, 

Evans, 

Eair, 

Fin  ley, 

Flud, 

Foster, 

Frainpton, 

Furiuan, 

Garlington, 

G  eiger. 

Gist, 

Goodwin,   ■ 

Gourdin,  R.  N. 

Gourdin,  T.  L. 

Green, 

Grisham, 

Haneke], 

Harllee,       ^ 

Harrison, 

Hayne, 

Honour, 

Hunter, 

Hutson, 

loglis, 

Jackson, 

Jefferics, 

Jenkins,  John 

Jenkins,  J.  E. 

Johnson, 

Landrum, 

Lawton, 

Logan, 

McCradj, 

MeKee, 

McLeod, 


Messrs.  I^lanigault, 
Mauldin, 
Maxwell, 

Middleton,  J.  Izard 
Middleton,  Williams 
Moore, 
Moorman, 
Noble, 
Nowell, 
O'Hear, 
Palmer, 
Phillips, 
Porchcr, 
Preston, 
Quattlebaum, 
Reed, 
Rhodes, 
Roberfson, 
Scott, 

Seabrook,  E.  M. 
Sessions, 
Shingler,  "VV.  P, 
Simons, 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Smylj,' 
Spain, 
Springs, 
Stephens, 
Sullivan, 
Taylor, 

Wannamaker,.' 
Wardlaw, 
Wier, 

Wilson,  L  D. 
Wilson,  J.  H. 
Woods, 
Younsr. 


MONDAY,  SEPTEMBEK  15,  1862.  429 

The  journal  of  Saturday's  proceedings  was  read. 

On  motion  of  Mr.  Harllee,  leave  of  absence  was  granted  to  Mr. 
Rainey,  on  account  of  important  public  engogements. 

Mr.  DeSauRPurc  presented  the  account  of  Mr.  C  P.  Pelham  for  ad- 
vertising, which  was  referred  to  the  Committee  on  Accounts. 

Mr.  Allison  presented  the  report  of  the  Committee  on  Accounts,  on 
the  account  of  the  Editor  of  the  Yorkville  Enquirer,  which  was  ordered 
for  consideration  to-morrow. 

Also  the  report  of  the  same  Committee  on  the  report  of  the  Central 
Secretary  to  the  Beaufort  Commission  for  the  removal  of  slaves,  which 
was  ordered  for  consideration  in  secret  session. 

Mr.  Mazyck  offered  the  following  resolution,  which  was  ordered  for 
consideration  to-morrow,  and  to  be  printed  : 

Resnhed,  That  the  twenty-ninth  section  of  the  first  Article  of  the 
Constitution  of  this  State  does  not  import  that  a  person  holding  an 
office,  and  receiving  pay  as  such  officer,  in  any  corps  of  men  taken  from 
the  militia  of  the  State  into  the  military  service  of  the  Confederate 
k?tatcs  by  drafting,  volunteering  or  conscription,  is  thereby  rendered 
ineligible  to  a  seat  in  the  Legislature,  or  incapable  of  retaining  such 
seat. 

Mr.  Mazyck  offered  the  following  resolution,  which  was  ordered  for 
consijleration  to-morrow,  and  to  be  printed  : 

Resolved,  That  laws  purporting  to  arrest  or  suspend  the  enforcement 
of  contracts  by  legal  process,  are  laws  impairing  the  obligation  of  con- 
tracts within  the  meaning  of  the  second  section  of  the  ninth  Article  of 
the  Constitution  of  this  State,  and  the  first  clause  of  the  tenth  section 
of  the  first  Article  of  the  Constitution  of  the  Confederate  States. 

Mr.  Henderson  presented  the  report  of  the  Central  Secretary  to  the 
Colleton  Commission  for  the  removal  of  negroes,  which  was  ordered  for 
consideration  in  secret  session. 

GENERAL  OFvDERS. 

The  Convention  resumed  the  consideration  of  the  Report  of  the 
Special  Committee  of  Twenty-one. 

The  motion  to  strike  out  certain  words  in  the  fourth  paragraph,  made 
by  Mr.  E.  M.  Seabrook,  was  not  agreed  to. 


430  JOUllXAL  OF  THE  CONVENTION, 

Mr.  Evans  moved  to  amend  the  second  paragraph  of  the  report,  by 
inserting  after  the  word  "proceedings"  the  following : 

"  Particularly  in  drafting  for  State  service,  those  liable  under  the 
Conscript  law  of  the  Confederate  States  : 

"  Their  expression  of  objection  to  the  Conscript  law  on  constitutional 
grounds : 

"  Their  conflict  with  Confederate  authority  as  to  exempts  :  and 

"  The  appointment  of  officers  to  the  command  of  troops  clllled  into 
State  service." 

The  amendment  was  not  agreed  to. 

SPECIAL  ORDEH. 

On  motion  of  Mr.  Phillips,  the  Convention  proceeded  to  the  consid- 
eration of  the  Iloport  of  the  uiajority  of  the  Special  Committee  of 
Seven,  on  an  Ordinance  to  repeal  "■  An  Ordinance  for  strengthening 
the  Executive  Department  during  the  exigencies  of  the  present  war," 
and  for  other  purposes ;  and  on  a  petition  from  citizens  of  Marlboro' 
District,  praying  a  dissolution  of  the  Convention;  and  the  Report  of 
the  minority  of  the  same  Committee  on  the  same  subjects,  which  had 
been  made  the  special  order  of  (he  day  for  this  day  at  twelve  o'clock, 
M. ;.  and,  on  motion  of  Mr.  F.  D.  Richardson,  the  speciaJ  order  was 
discharged,  and  was  made  the  special  order  of  the  da}'  for  this  day  at 
two  o'clock,  P.  M. 

The  General  Orders  were  resumed. 

The  Report  of  the  Special  Committee  of  Twenty-one  was  agreed  to, 
and  on  motion  of  Mr.  Barnwell,  it  was  ordered  that  2,000  copies  of  the 
report,  together  with  the  reports  of  the*  heads  of  Departments,  be 
printed  for  distribution. 

On  motion  of  Mr.  Pope,  it  was  ordered  that  the  reports  of  the  sub- 
committees be  printed  in  connection  with  the  report  of  the  Special 
Committee  of  twenty-one. 

Th6  General  Orders  were  suspended,  and  Mr.  Atkinson  offered  the 
following^  resolutions,  which  were  ordered  for  consideration  to-morrow, 
and  to  be  printed  : 

Resolved,  That  in  the  opinion  of  this  Convention,  the^ abandonment 
of  the  fortiQcations  at  the  entrance  to  Georgetown,  by  which  the  enemy 
has  already  effected  a  lodgment  on  North  Island,  and  obtained  control 
of  the  water  courses  in  that  District,  seriously  exposes  the  interior  of 
the  StaTte  to  invasion.  ..^':^ 


MONDAY,  SEPTEMBER  15,  18(i2.  431 

•  Resolved,  That  whilst  thoy  highly  appreciate  the  efforis  which  have 
already  by  the  Governor  and  Qouncil  been  made  to  counteract  the  ill 
effects  of  said  abandonment,  it  is  the  opinion  of  this  body  that  the 
Governor  and  Council  should  forthwith  renew  their  earnest  efforts  with 
President  Davis  and  the  Confederate  General  commanding  in  South 
Carolina,  by  which  it  may  be  impressed  upon  those  authorities  that  these 
are  appeals  net  only  in  behalf  of  the  mere  ^ocal  interests  of  said  District 
(important  as  those  interests  most  uudoubtedly  are),  but  on  behalf 
of  the  interests  of  the  ivhole  State,  which  it  is  conceived  has  been  thus 
vitally  exposed  ;  and  that  the  same  be  done  with  a  view  to  the  reeMah- 
lishment  of  our  control  of  those  water  courses^  during  the  present  pause 
which  has  been  superinduced  in  the  operations  of  the  enemy  along 
our  coast. 

The  General  Orders  were  resumed. 

The  report  of  the  Committee  on  Accounts  on  the  account  of  W.  H. 
Trimmier,  for  advertising  done  for  the  Governor  and  Council ;  and 

The  report  of  the  same  Commiftee  on  the  account  of  W.  II.  Trim- 
mier, for  advertising  the  calls  of  the  Convention,  were  agreed  to. 

Mr.  Curtis  asked  and  obtained  leave  to  withdraw  from  the  tiles  of  the 
Convention  the  accounts  of  W.  H.  Trimmier,  for  advertising  done  for 
the  Governor  and  Council. 

On  mction  of  Mr.  Dunkin,  leave  of  absence  was  granted  to  Mr, 
Crawford,  who  was  unable  to  attend  in  consequence  of  wounds  received 
in  battle. 

SPECIAL  ORDER. 

On  motion  of  Mr.  Reed,  the  Convention  proceeded  to  the  considera- 
tion oi"  the  Report  of  the  majority  of  the  Special  Committee  of  Seven 
on  an  Ordinance  to  repeal  "  An  Ordinance  for  strengthening  the  Ex- 
ecutive Department  during  the  exigencies  of  the  present  War;"  and 
on  the  petition  -of  citizens  of  Marlboro'  ;  and 

The  Report  of  the  minority  of  the  same  Committee  on  the  same 
Bubjects;  which  had  been  made  the  special  order  of  the  day  for  this 
day,  at  two  o'clock,  P.  31. 

Mr.  Inglis  offered  the  following  amendment : 

TFc,  the  people  of  the  Stale  of  South  t'lrolinrr,  in  Convention  asseni- 
Lled,  do  declare  and  urdaln,  ami  ,'t  is  herchi/  dctdrrd  and  ordained, 
That  the  "  Ordinance  for  Strengthening  the  Executive   Department 


432       JOURNAL  OF  THE  CONVENTION, 

during  the  exiaeneies  of  the  present  "War,"  ratified  in  Convention  on 
the day  of  January,  A.  D.,  1862,  shall  be  amended   as  follows  : 

Sec.  1.  The  term  of  office  of  those  members  of  the  Executive 
Council  who  were  chosen  by  this  Convention  shall  expire  on  the  second 
Monday  in  Decetnbcr  next,  and  the  vacancies  thus  occurring  shall  be 
filled  by  the  General  Assembly,  by  joint  ballot  of  the  two  houses,  any 
free  white  adult  male  citizen  being  eligible,  and  a  majority  of  all  the 
votes  cast  being  necessary  to  an  election. 

Sec.  2.  The  Governor  shall  comnmuioate  to  the  General  Assembly, 
on  the  first  day  of  the  next  "session  thereof,  full  information  concerning 
the  transactions  of  the  Council  from  the  first  day  of  the  present  ses- 
sion of  this  Convention  until  the  time  of  the  said  communication,  and 
also  of  the  condition  of  every  Department,  and  shall  lay  "before  the 
General  Assembly,  the  record  of  all  the  proceedings  of  the  Governor 
and  Council  during  the  same  time.  This  communication  shall  especially 
inform  the  General  Assembly  of  every  instance  in  which  any  act  of 
the  General  Assembly  has  been  or  shall  have  been,  prior  to  that  time, 
^modified  or  suspended  by  the  action  of  the  Governor  and  Council,  and 
the  reasons  therefor,  and  the  General  Assembly  shall  have  authority  to 
review,  repi^al  or  modify  such  proceedings  of  the  Governor  and  Council, 
or  any  of  them,  as  to  it  shall  seem  pruper. 

Sec.  o.  The  General  Assembly  shall  have  power  to  modify  the  con- 
stitution of  the  Executive* Council,  by  reducing  the  number  thereof,  or 
restricting  the  powers  conferred  thereupon  by  the  Ordinance  of  this 
Convention,  or  wholly  to  abolish  the  said  Executive  Council. 

Sec.  4.  This  Convention  shall  cease  and  be  dissolved  upon  the  expi- 
ration of  two  full  years  from  the  date  of  its  original  organization,  to  wit, 
on  the  seventeenth  day  of  December  next,  at  twelve  o'clock,  noon,  but 
may  in  the  meautiinc  be  assembled  upon  the  call  of  the  President,  or 
in  case  of  his  death  or  absence  from  the  State,  or  in  case  of  his  inability 
to  act,  by  the  Committee  of  Fiye  appointed  at  the  last  session  of  this 
Convention  for  this  purpose,  or  by  a  majprity  of  them,  or  the  survivors 
or  survivor  of  such  majority,  and  shall  be  assembled  upon  the  united 
demand  in  writing  of  a  majority  of  the  members  of  this  Convention  at 
the  time  of  such  demand. 

Mr.' Ilayue  offered  the  following  amendment: 

AN  ORDINANCE 

To  amend  an   Ordinance  entitled    "An   Ordinance   for  strengthening 


MONDAY,  SEPTEMBEll  15,  1862.  433 

the    Executive   Department  during  the  exigencies  of  the  present 

War,"  and  to  provide  for  the  dissolution  of  this  Convention  : 

Sec.  1.  T^e,  the  People  of  the  State  of  South  Carolina,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is  herehij  declared 
and  ordained,  That  an  Ordinanoe  entitled  "An  Ordinance  for 
strengthening  the  Executive  Department,  during  the  exigencies  of  the 
present  war,"  shall,  from  and  after  the  — ^—  day  of  December  next,  be 
amended  as  follows  :  % 

In  section  first,  instead  of  the  words  "shall  be  otherwise  ordained 
by  the  People  in  Convention,"  insert  the  words  "shall  be  otherwise 
enacted  by  the  General  Assembly  of  the  State,"  and  instead  of  the 
words  "  three  other  citizens  of  the  State,  to  be  chosen  by  this  Conven- 
tion by  ballot,"  insert  "  two  other  citizens  of  the  State,  to  be  elected 
by  joint  ballot  of  the  two  houses  of  the  General  Assembly." 

In  section  second,  instead  of  the  woids  "  to  make  all  such  nomina- 
tions and  appointments  to  military  offices  as  the  Governor  has  hereto- 
fore been  authorized  to  make,"  insert  the  words  "  to  make  in  their  dis- 
cretion all  such  nominations  and  appointments  to  military  offices  as 
shall  not  be  otherwise  ordered  by  the  General  Assembly;"  and  in- 
stead of  the  words  "until  the  next  meeting  of  the  people  in  Conven- 
tion," insert  the  words,  "  until  the  next  meeting  of  the  General  As- 
sembly," and  instead  of  the  words  "  three  members  thereof,  chosen  by 
the  Convention,"  insert  the  words  "two  members  thereof,  elected  by 
the  General  Assembly." 

In  section  seven,  instead  of  the  words  "this  Convention"  and  "the 
Convention,"  insert  "  the  General  Assembly." 

In  section  eight,  instead  of  the  words  "  the  Special  Private  Secretary 
of  the  Governor  shall  be  their  Secretary  without  additional  pay,"  in- 
sert the  words  "  they  %hall  appoint  a  Secretary  with  such  salary  as  may  ^ 
be  designated  by  the  General  Assembly." 

In  section  nine,  strike  out  the  words  "  within  seven  days  after  the 
adjournment  of  the  present  sitting  of  the' Convention." 

In  section  ten,  instead  of  the  words  "an  annual  salary  of  two  thou- 
sand dollara,"  insert  the  words  "such  salary  as  may  be  fixed  by  the 
General  Assembly." 

Sec.  2.  Section  eleven    of  said  Ordinance,  from  and   after  the  said 

day  of  December,  shall  be  and  it  is  hereby  repealed,  pruvided  the 

General  Assembly  is  then  in  session;  and  on  the  same  day,  under  the 
same   proviso,   the  Offices  of  the  present   members  of   the  Executive 
Council  shall  cease  and  determine,  and  the  President  of  this  Conven- 
55 


434       JOURNAL  OF  THE  CONVENTION, 

tion  is  authorized  and  instructed,  on  that  day,  provided  the  General 
Assembly  be  in  session,  by  Proclamation,  to  declare  this  Convention 
adjourned  sine  die,  and  forever  dissolved., 

Mr.  Harllee  offered  the  following  amendment : 

Strike  out  in  section  one,  after  word  "  empowered,"  to  the  word 
"  war,"  in  twelfth  line  inclusive,  and  insert : 

"  To  pass  laws  to  strengthen  the  Executive  Department  to  the  extent 
of  the  powers,  and  no  further,  entrusted  to  the  Governor  and  Council 
by  "an  Ordifianco  of  this  Convention  for  strengthening  the  Executive 
Department  during  the  exigencies  of  the  present  war,"  ordained  the 
day  of  January  last;  and  that  the  General  Assembly  in, con- 
ferring those  powers,  be  authorized  at  their  discretion  to  confer  them 
jointly  on  the  Governor  and  a  Council  to  be  elected  by  joint  ballot,  or 
on  the  Governor  individually." 

Mr.  E.  M.  Seabrook  offered  the  following  amendment  : 

That  until  the  present  war  between  the  Confederate  States  of  Amer- 
ica and  the  United  States  shall  have  been  terminated,  and  the  forces 
raised  in  this  State  for  the  prosecution  thereof  shall  have  been  dis- 
banded, or  until  it  shall  be  otherwise  ordained  by  the  People  in  Con- 
vention, or  by  an  Act  of  the  Legislature,  passed  by  a  two-thirds  vote, 
the  Governor  shall  be  assisted  as  hereinafter  direcled,  in  the  discharge 
of  the  duties  imposed,  and  in  the  exercise  of  the  powers  conferred 
upon  him  under  the  Constitution  and  laws  of  this  State,  by  a  Council, 
to  be  called  the  Advisory  Executive  Council,  which  shall  consist  of 
the  Lieutenant  Governor,  and  three  other  citizens  of  the  State,  to  be 
,  chosen  by  the  Legislature  of  the  State  by  joint  ballot,  a  majority  of 
the  votes  cast  at  such  election  being  necessary  to  a  choice. 

That  it  shall  be  the  duty  of  the  Council,  when  required  hj  the  Gov- 
ernor, to  advise  with  him  in  all  matters  which  he  may  subniit  to  their 
consideration,  and  that  a  record  of  such  consultations  shall  be  kept, 
and  submitted  to  the  Legislature  by  the  Governor  at  its  sessions  :  2*ro- 
vided,  however,  that  the  Governor  shall,  in  all  cases,  decide  upon  his 
own  action. 

On  motion  of  Mr.  Pope,  all  the  amendments  were  ordered  to  be 
printed. 

On  motion  of  Mr.  Inglis,  the  special  order  was  discharged,  and  was 


TUESDAY,  SEPTEMBER  16,  1862. 


435 


made  the  special  order  of  the  day  for  to-morrow,  at  eleven  o'clock, 
A.  M. 

Mr.  PeSaussure  offered  the  following  resolution,  which  was  con- 
sidered immediately,  and  was  agreed  to  : 

Resolved,  That  the  Rev.  Dr.  "B.  M.  Palmer  be  requested  to  deliver  a 
Discourse  before  thi.s  Convention  on  Thursday,  the  18th  of  September, 
if  the  Convention  shall  then  be  in  session,  being  the  day  upon  which 
the  President  of  the  Confederate  States  has,  by  Proclamation,  invited, 
the  good  people  thereof  to  assemble  together  to  return  thanks  to  A1-. 
mighty  God  for  IIis»ninnifold  mercies  to  this  Confederacyf  displayed  in 
the  signal  victories  over  the  enemy  which  have  recently  crowned  our 
arms. 

On  motion  of  Mr.  Pope,  the  Convention  was  adjourned  at  fifty  min- 
utes past  three  o'clock,  P.  M.  • 

B.  F.  ARTHUR, 

Clerk  of  the  Convention^ 


TUESDAY,  SEPTEMBER  16,  1862.* 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the  chair,  and  the  proceedings  were  opened  with  prayer  by  Rev. 
3^  M.  Timmons.  * 

The  Clerk  called  the  roll,  and  the  following  delegates  answered  to 
their  names : 


Messrs.  Allison, 
Atkinson, 
Barnwell, 
Barton, 
Bcaty, 
Bethea, 
Bonncan, 
Boswcll, 
Brabham, 
Brown,  A.  H. 


Jlessrs.  Brown,  C.  P. 
Cain, 
Caldwell, 
Calhoun, 
Campbell, 
Charles, 
Chcsnut, 
Cheves, 
Clarke, 
Curtis, 


436 


rOURNAL  OF  THE  CONVENTION, 


Messrs.  Darby, 
Dozier, 
Dunkin, 

Dunovaq^,  R.  G.  M 
DuPre, 
Evans, 
Fin  ley, 
Flud, 
Foster, 
Frampton, 
Furman, 
Garlington, 
Gist, 
Goodwin, 
Gourdin,  R.  N. 
Gourdin,  T.  L. 
^         Green, 

Gregg,  William 
Grisbam, 
Harllee, 
Harrison, 
,  Hayne, 
Henderson, 
Honour, 
Hopkins, 
Hunter, 
^       Hutson, 
Inglis, 
Jackson, 
Jefferies, 
Jenkins,  Jobn 
Jenkins,  J.  E. 
Jobnson, 
Kinard, 
Kinsler, 
Lawton, 
Logan, 
McKee, 
McLeod, 
Mannins;, 


Messrs.  Mauldin, 

Maxwell, 

Mayes, 

Mazyek,    , 

Middleton,  Jobn  Izard 

Middleton,  Williams 

iMoore, 

Moorman, 

Noble, 

Nowell, 

O'Heat, 

Palmer, 

Phillips, 

Porcber, 
•    Preston, 

Quattlebaum, 

Reed, 

Rbodes, 

Richardson,  F.  D. 

Richardson,  J.  P. 

Robertson, 

Scott, 

Seabrook,  E.  M. 

Seabrook,  G.  W. 

Sessions, 

Sbingler,  J.  M. 

Sbingler,  W.  P. 

Simons, 

Simpson, 

Sims, 

Smith,  J.  J.  P. 

Smith,  Thomas 

Smyly, 

Spain, 

Springs, 

Stephens, 

Sickes, 

Sullivan, 

Taylor, 

Tiramons, 


•      TUES-DAY,  SEPTEMBER  16,  1862.  437 

Messrs  Tompkins,  Messrs.  Wilson,  I.  D. 
Wannaraaker,  Wilson,  J.  IT. 

Wardlaw,  Woods, 

Wier,  Young. 

Williams, 

The  journal  of  yesterday's  proceedings  was  read. 

Mr.  Allison  presented  the  report  of  the  Committee  on  Accounts  on 
the  account  of  C.  P.  Pelham,  which  was  considered  immediately,  and 
was  agreed  to. 

Mr.  DeSaussure  presented  the  account  of  R.  W.  Gibbes  for  adver- 
tising, which  was  referred  to  the  Committee  on  Accounts. 

Mr.  Allison  ofifcred  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to : 

Resolved,  That  the  President  of  this  Convention  is  authorized  and 
directed  to  issue  his  warrants  upon  the  Treasury  in  usual  form,  for  the 
payment  of  all  sums  of  money  allowed  by  this  Convention  not  other- 
wise directed. 

Beiiolved,  That  the  Members,  Clerk,  Messenger,  Doorkeeper,  Solici-  ■ 
tor  and  Engrossing  Clerks  of  this  Convention  recefve,  severally,  as 
compensation  for  their  services  during  the  present  sitting  thereof,  the 
same  rate  of  paymeat  in  proportion  to  the  time  they  serve,  as  is  allowed 
the  members  and  the  same  officers  of  the  House  of  Representatives  of 
this  State. 

Resolved,  That  the  President  of  the  Convention  be  authorized  and 
directed  to  draw  his  warrant  upon  the. Treasury,  for  whatever  sum  may 
be  reported  to  him  by  the  Clerk,  as  due  for  stationery  and  any  expenses 
incidental  to  his  office  not  otherwise  directed  to  be  paid  by  the  Conven- 
tion. 

■    Mr.  Kinard  presented  the  account  of  R.  H.  Grenekcr  for  advertising, 
which  was  referred  to  the  Committee  on  Accounts. 

GENERAL  ORDERS. 

The  report  of  the  Committee  on  Accounts  on  the  account  of  the 
Yorkvillo  Enquirer^  was  agreed  to. 

SPECIAL   ORDER. 

On  motion  of  ^Ir.  Reed,  the  Convention  proceeded  to  the  oonsidera- 


438       JOURNAL  OF  THE  CONVENTION,  • 

tion  of  the  report  of  the  majority  of  the  Special  Committee  of  Seven, 
on  an  Ordinance  to  repeal  "  An  Ordinance  for  strengthening  the 
Executive  Department  during  the  exigencies  of  the  present  war;" 
and  on  the  petition  of  citizens  of  Marlboro'  j 

And  the  report  of  the  minority  of  the  same  Committee  on  the  same 
subjects;  which  had  been  made  the  special  order  of  the  day  for  this 
day  at  eleven  o'clock,  A.  M. 

Mr.  Reed  moved  that  the  amendment  offered  by  Mr.  Inglis,  and  the 
amendment  offered  by  Mr.  Hayne,  be  ordered  to  lie  on  the  table. 

The  motion  was  not  agreed  to. 

Mr.  Hayne  withdrew  his  amendment. 

On  motion  of  Mr.  Inglis,  the  word  "  shall,"  in  the  first  section  of  the 
amendment  offered  by  Mr.  Inglis,  was  stricken  out,  and  the  word 
"may"  inserted. 

On  motion  of  Mr.  J.  J.  P.  Smith,  the  Convention  was  adjourned  at 
forty-five  minutes  past  three  o'clock,  P.  M. 

•    B.  F.  ARTHUR, 

Clerh  of  the  Convention. 


WEDNESDAY,  SEPTEMBER  17,  1862. 

At  the  hour  to  which  the  Convention  was  adjourned,  the  President 
took  the, chair,  and  the  proceedings,  were  opened  with  prayer  by  the 
Rev.  B.  F.  Mauldin. 

The  Clerk  called  the  roll,  and  the  following  Delegates  answered  to 
their  names  : 

Messrs.  Allison,  '    Messrs.  Brown,  A.  H. 

.      Alston,  •  Brown,  C.  P. 

Atkinson,  Cain, 

Barnwell,  Caldwell, 

Barton,  Calhoun,  ^ 

.      Beaty,  Campbell, 

Bethea,  Caughman, 

Bonneau,  Cauthen, 

Boswell,  Charles, 

Brabham,  Cheves, 


WEDNESDAY,    SEPTEMBER  17,  1862. 


439 


Messrs. 

Clarke, 

Messrs.  Kinard, 

Curtis, 

Kinsler, 

Darby, 

Landnim,                       | 

•• 

Davant, 

Lawton, 

DeSaussure, 

Logan, 

Dozier, 

McKee, 

Duncan, 

McLeod, 

Dunkiu, 

]\Ianning, 

Duuovant,  R.  G.  M. 

Mauldin, 

DuPre, 

Maxwell, 

English, 

31  ayes, 

Evans, 

Mazyck, 

Fair, 

Middleton,  John   hard 

Eiuley,        ^ 

Middleton,  AVilliams 

Elud, 

Moore, 

Foster, 

Moorman, 

Frampton, 

Noble, 

Furmaa, 

Nowell, 

GarliugtoD, 

O'HeaA-, 

Geiger, 

Palmer, 

Gist, 

«  '«             Perrin, 

ib* 

Goodwin, 

Phillips, 

5; 

Gourdin,  R.  ^. 

Pope, 

Gourdin,  T.  L. 

Porcher, 

Green, 

Preston, 

Gregg,  "William 

Quattlebaum, 

Grisham, 

Reed, 

Harllee, 

Rhett, 

» 

Harrison, 

Rhodes, 

• 

Henderson, 

Richardson,  F.  D. 

Ilonaur, 

Robertson, 

Hopkins, 

Scott, 

Hunter, 

Sessions, 

Hutson, 

Simons, 

Inglis, 

Simpson, 

Jackson, 

Sims, 

Jefferies, 

Smith,  J.  J.  P. 

Jenkins,  John 

Smith,  Thomas 

Jenkins,  J.  E. 

Sujyly, 

Johnson, 

Spain, 

440       JOURXAL  OF  THE  CONVENTION, 

Messrs.  Springs,  31essrs.  Wannamaker, 

Stephens,  Wardlaw, 

H      Stokes,  Wier, 

Sullivan,  Williams,  .    * 

Taylor,  Wilson,  J.   H. 

Timmons,  Woods, 

Tompkins,  Young. 
Wagner, 

The  journal  of  yesterday's  proceedings  was  read. 
Mr.  Eeed  offered  the  following  resolutions,  which  were  considered 
immediately,  and  were  agreed  to  : 

Resolved  unani'moicsh/,  That  the  thanks  of  this  Convention  are 
eminently  due,  and  are  hereby  tendered,  to  the  Sou^h  Carolina  soldiers, 
officers  and  privates,  in  the  Confederate  Army,  for  the  patriotic  gal- 
lantry with  which  they  responded  to  the  call  of  their  country,  and  for 
the  characteristic  courage  and  energy  with  which  they  have  borne  aloft 
the  Palmetto  Banner  on  the  bloody  battle  fields  of  Virginia,  South 
Carolina  and  elsewhei'e,  to  the  imperishable  glory  and  honor  of  them- 
selves and  their  State.  ♦ 

Resolved  unanimously,  That  thfc  Convention  begs,  most  sincerely, 
to  mingle  its  sympathies  with  the  relatives  and  friends  of  those  who 
have  fallen  in  the  service  of  their  country,  whether  in  battle,  amidst  the 
clangor  of  arras,  from  wounds  received  in  battle,  from  disease,  or  from 
accident;  and  that  the  Executive  authority  of  this  State  be  requested 
to  collect  the  names  of  all  such,  and  have  them  transcribed  into  a 
suitable  Record  Book,  designating  the  corps  to  which  they  belonged, 
their  rank  in  the  service,  and  the  cause  of  death,  to  be  preserved 
amongst  the  archives  of  the  State,  as  a  token  of  respect  to  their 
memories,  aijd  a  legacy  of  inestimable  value  to  their  friends.  • 

Res(Mvcd  unanimously,  Ihat  the  children  who  have  been,  and  may 
hereafter  be,  made  orphans,  by  the  fall  of  their  fathers  in  defending 
their  country  against  the  invasion  and  devastation  of  a  relentlef^s  and 
cruel  enemy,  are  preeminently  the  children  of  the  State,  and  it  is  the 
duty  of  the  constituted  authorities  to  provide,  as  far  as  practicable,  for 
their  sustenance  and  education,  and  for  training  them  up  in  such  way 
that  the  State,,  in  future  years,  "  when  asked  for  her*  jewels,  may  point 
to  her  sons,"  the  offspring  of  fathers  who  fell  gallantly  defending  the 
liberties  of  their  country. 

Rtsolved  unanimously,  That  a  copy  of  these  resolutions  be  trans- 


WEDNESDAY,  SEPTEMBER  17,  1862.  441 

mitted  by  the  Clerk  of  the  Convention  to  officers  commanding  regiments, 
battalions  and  companies  of  South  Carolina  troops,  with  a  request  that 
they  be  communicated  to  their  respective  commands. 

Mr.  Kiusler  presented  the  account  of  Theodore  Stark,  for  services 
rendered  to  the  Convention,  which  was  referred  to  the  Committee  on 
Accounts. 

Mr.  Kiusler  offered  the  following  resolution,  which  was   considered 

immediately,  and  was  agreed  to  : 

• 

Resolvcil,  That  3Iaj.  Theodore  Stark  be  allowed  the  same  pay  per 
diem  as  members  of  this  body,  for  his  sei;vices  as  Librarian. 

Mr.  Quattlebaum  offered  the  following  resolution,  which  was  consid- 
ered immediately,  and  was  agreed  to  : 

Reso/oed,'  That  tlie  two  thousand  extra  copies  of  the  report  of  the 
Special  Committee  of  Twenty-one  on  the  communication  of  his  Excel- 
lency the  Governor  and  the  accompanying  documents  ordered  to  be 
printed,  be  taken  charge  of  by  the  Clerk  of  the  Convention  as  soon  as 
the  work  is  finished,  and  that  he, send  the  same  pro  rata  to  the  several 
members  of  this  body  for  general  distribution. 

Mr.  Allison,  from  the  Committee  on  Accounts,  made  reports 
On  the  account  of  R.  W.  Gibbes;  and 

On  the  account  of  11.  H.  Grencker  j  which  were  considered  imme- 
diately, and  were  agreed  to. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the  report  of  the 
majority  of  the  Special  Committee  of  Seven,  on  an  Ordinance  to  repeal 
"  An  Ordinance  for  strengthening  the  Executive  Department  during 
the  exigencies  of  the  present  War;  "  and  on  the  petition  of  citizens  of 
Marlboro'  ; 

And  the  report  of  the  minority  of  the  same  Committee  on  the  same 
subjects ;  which  had  been  made  the  special  order  of  the  day  for  this 
day. 

jNIr.  F.  D.  Richardson  moved  that  the  report  of  the  minority  of  the 
Committee  be  ordered  to  lie  on  the  table;  and  the  question  being  put, 
will  the  Convention  agree  thereto?  it  passed  in  the  affirmative. 
Yeas,  90 ;  nays,  25. 
5G 


442 


JOURNAL  OF  THE  CONVENTION, 


The  yeas  and  nays  were  demanded,  and  are  as  follows : 
Those  who  voted  in  the  aflBrmative,  are 


.  Hon.  D.  F.  Jamison,  President;  and 
Messrs.  Alston,                                 Messrs.  G-reen, 

Atkinson, 
Barnwell, 

Gregg,  William 
Hanckel, 

Batton, 

Harrison, 

Bobo, 
Bonneau, 

^                Henderson, 
Honour, 

Brabham, 

Inglis, 

Brown,  A.  H. 

Jackson,                • 

Brown,  C.  P. 

Jefferies, 

Burnet, 

Jenkins,  John 

Cain, 
Caldwell, 

Jenkins,  J.  E. 
Kinard, 

Campbell, 
Carroll,        • 

Landrum, 

Lawton, 

Caughman, 

Cauthen, 

Charles, 

Logan, 

McCrady, 

McKee, 

Cheves, 

McLeod, 

Clarke, 

Manigault, 

Curtis, 

Mauldin, 

Darby, 
Davant, 
DeSaussure, 
Dozier,         ' 

Maxwell, 

Mayes, 

Mazyck, 

Middleton,  John  Izard 

Duncan, 

Middleton,  Williams 

Dunkin, 

Moore, 

DuPre, 

Moorman, 

English, 

No  well. 

Fair, 

O'Hear, 

Finley, 
Flud, 

Palmer, 
Perrin, 

Frampton, 
Furman, 

Porcher, 
Preston, 

Garlington, 
Gourdin,  R.  N. 

Quattlebaum, 
Rhett, 

Gourdin,  T.  L. 

Rhodes, 

.Jik 


WEDNESDAY,  SEPTEMBER  17,  1862. 


443 


Messrs.  Richardson,  F.  D. 
Robertson, 
Scott, 

Seabrook,  G.  W." 
Sessions, 
Simpt-oi;, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Spain,  • 

Springs, 
Stephens, 
Stokes, 


Messrs.  Taylor, 

Timmons, 

Tompkins, 

Townsend, 

AVagner, 

Wannamaker, 

Wardlaw, 

Wier, 

Williams, 

Wilson,  1.  D. 

Wilson,  J.  H. 

Woods, 

Youno-. 


Those  who  voted  in  the  negative,  are 


Messrs.  Johnson, 
Manning, 
Noble, 
Phillips, 
Pope, 
Reed, 

Richardson,  J.  P. 
Seabrook,  E.  M. 
Shingler,  W.  P. 
Simons, 
timyly, 
Sullivan. 


Messrs.  Allison, 
Beaty, 
Bethea, 
Boswell, 
Calhoun, 

Dunovant,  R.  G.  M. 
Evans,- 
Foster, 
Geiger, 
Goodwin, 
Grisham, 
Hopkins, 
Hunter, 

So  the  motion  was  agreed  to. 

Mr.  A.  H.  Brown  moved  that  the  report  of  the  majority  of  the  Com- 
mittee and  the  amendments  be  ordered  to  lie  on  the  table;  and  the 
question  being  put,  will  the  Convention  agree  thereto "/  it  passed  in  the 

negative. 

Yeas,  38 ;  nays,  88. 

The  yeas  and  nays  were  demanded,  and  arc  as  follows : 

Those  who  voted  in  the  affirmative,  are 


Messrs.  Alston, 

Barnwell, 
Brown,  A.  H. 


Messrs.  Brown,  C 
Burnet, 
Caldwell, 


444 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Campbell, 


Caughman, 

Cheves, 

Curtis, 

Davant, 

DeSaussure, 

Dozier, 

DuPre, 

Franipton, 

Gourdiu,  11.  N. 

Henderson,  ' 

Honour, 

Inglis, 

Jackson, 

McKee, 

Middleton,  John  Izard 


Messrs.  Middleton,  Williams 
Moore, 
Nowell, 
O'llcar, 
Perrin, 
Preston, 
Quattlebaum, 
llhett, 
E  bodes, 

Sniftb,  J.  J.   P. 
Stepbeus, 
Taylor, 
Towusend, 
Wagner, 
Williams, 
Wilson,  J.  H.'    • 


Those  who  voted  in  the  negative,  are 


Hon.  D. 
Messrs.  Allifon, 
Atkinson, 
Barton, 
Beaty, 
Bethea, 
Bobo,  « 

Bonneau, 
■    Boswell, 
Brabham, 
Cain, 
Calhoun, 
Carroll, 
Cauthen, 
Charles, 
Clarke, 
Darby, 
Duncan, 
Dunkin, 

Dunovant,  R.  G. 
English, 


P.  Jamison,  President;  and 
Messrs.  Evans, 

Fair,  * 

Fin  ley, 
Flud, 
Foster, 
Furman, 
Garlington, 
Geiger, 
Goodwin, 
*      Gourdin,  T.  L. 
Green, 

Gregg,  William 
Grisbam, 
Hanckel, 
I-arllee,' 
Harrison, 
Hopkins, 
Hunter, 

M.  Hutson, 

JefFeries, 


WEI>NESDAY,    SEPTEMBER  17,  1S62. 


445 


Messrs.  Jenkins,  John 
Jenkins,  J.  'E. 
JolinsoD, 
Kinard, 
La  n  drum, 
Lawton,    • 
Logan, 
McCrady, 
McLeod, 
Manigault, 
Manning, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 
Moorman, 
Noble," 
Palmer, 
Phillips, 
Pope, 
Porch  er, 
Reed, 

Richardson,  F.  D. 
Richardson,  J.  P. 


Messrs.  Robertson, 
Scott, 

Sea  brook,  E.  M. 
Seabrook,  G.  W. 
Sessions, 
Shingler,  W.  P. 
Simons, 
Simpson, 
Sims, 

Smith,  Thomas 
Smyly, 
Spain, 
Springs, 
Stokes, 
Sullivan, 
Timmons, 
Tompkins, 
Wannaiiiakcr, 
Wardlaw, 
Wier, 

Wilson,  I.  D. 
W^ods, 
Young. 


So  the  motion  was  not  agreed  to. 

Mr.  Fair  moved  that  thfe  amendment  offered  by  Mr.  Inglis  be  ordered 
to  lie  on  the  table;  and  the  question  being  put,  .will  the  Convention 
agree  thereto?  it  passed  in  the  negative. 

Yeas,  36  J  nays,  89. 

The  yeas  and  nays  were  demanded,  and  are  as  follows  : 

Those  who  voted  in  the  affirmative, .are 


Messrs.  Allison, 
Bethea, 
Brabham, 
Calhoui^ 

Dunovant,  R.  G.  M. 
Evans, 
Fair, 


Messrs.  Fiuley, 
Foster, 
Garlington, 
Geiger, 
Goodwin, 
Grisham, 
Harilee, 


449 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Hopkins, 
Hunter, 
Johnson, 
Law  ton, 
Manning, 
Noble, 
Palmer, 
Phillips, 
Pope, 
« Reed, 
Rhodes, 


Those  who  voted  in  the  negative,  are 


Messrs.  Richardson,  P.  D. 
Richardson,  J.  P. 
Seabrook,  E.  M. 
Shingler,  W.  P. 
Smyly, 


Springs, 

Sullivan, 

Townsend, 

AVilson,  I.  D. 

Woods, 

Youner. 


Hon.  D. 
Messrs.  Alston, 

Atkinson, 

Barnwell, 

Lartou, 

Beaty, 

Lobo, 

Ronneau, 

Roswell, 

Lrown,  A.  H. 

Burnet, 

Cain, 

Caldwell, 

Campbell, 

Carroll, 

Caughman, 

Cauthen, 

Charles, 

Cheves, 

Clarke, 

Curtis, 

Darby, 

Davant, 

DeSaussure, 

Dozier, 

Duncan, 


F.  Jamison,  President ;  and 
Messrs.  Duukin, 
DuPre, 
English, 
Flud, 
Frampton, 
Furman, 
Gourdin,  R.  N. 
♦       Gourdin,  T.  L. 
Green, 

Gregg,  William 
Hanokel, 
Harrison, 
Henderson, 
Honour, 
Hutson, 
Inglis, 
Jackson, 
Jeflferies, 
Jenkins,  John 
Jenkins,  J.  E. 
Kinard, 
Landrum,^ 
Logan, 
McCrady, 
McKee, 


WEDNESDAY,   SEPTEMBER  H,  1862. 


447 


Messrs.  McLeod, 
Manigault, 
Mauldin, 
Maxwell, 
Mayes, 
Mazyck, 

MiddletOD,  John  Izard 
Middleton,  Williaius 
Moore, 
Moorman, 
ffowell, 
O'llear, 
Perrin, 
Porcher, 
Preston, 
Quattlebaum, 
Rhett, 
Robertson, 
Scott, 


Messrs   Scabrook,  G-.  W. 
Sessions, 
Simons, 
i^impson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Spain, 
Stephens, 
Stokes, 
Taylor, 
■  Timmons, 
Tompkin^ 
Wagner, 
Wannamaker, 
Wardlaw, 
,  Wicr, 

Williams, 
Wilson,  J.  H. 


So  the  motion  was  not  agreed  to. 

Mr.  A.  II.  Brown  moved  to  amend  the  amendment  by  striking  out, 
in  the  third  section  thereof,  the  words  "or  wholly  to  abolish  the  said 
Executive  Council.^' 

The  motion  was  not  agreed  to. 

Mr.  A.  II.  Brown  moved  to  strike  out,  in  the  first .  section  of  the 
amendment,  the  word  "  may,"  and  insert  "  shall." 

The  motion  was  not  agreed  to. 

Mr.  Evans  moved  to  strike  out,  in  the  first  section  of  the  amendment, 
the  words  "  second  Monday  in  December,"  and  insert "  fourth  Monday 
in- November." 

The  motion  was  not  agreed  to. 

Mt  Pope  moved  to  amend  by  striking  out  all  of  the  fourth  section 
of  the  amendment,  after  the  words  "  expiration  of;"  and  insert  "of  its 
present  session." 

Mr.  Mazyck  moved  that  the  amendment  be  ordered  to  lie  on  the 
table;  and  the  question  being  put,  will  the  Convention  agree  thereto? 
it  passed  in  the  affirmative. 

Yeas,  100     nays,  23. 


448 


JOUUNAL  OF  THE  CONVENTION, 


The  jcas  and  najg  wcro  dcmaodcd,  and  arc  as  follows: 
Tbusc  who  voted  iu  the  affirmative,  arc 


Hon.  1). 
Messrs.  Alston, 

Atkinson, 
Jiaruwcll, 
Barton, 
IJeaty, 
Bobo, 
Bonncuu, 
Bos  well, 
Brown,  A.  II. 
Brown,  C  1'. 
]>uruct, 
Cain, 

Caldwell,  , 

Catupbell, 
Carroll, 
Caughman, 
'  Cauthcn, 

Charles, 
Chcvca, 
Clarke, 
Curtis, 
Darby, 
I'avant, 
i)et?au88ure, 
l>ozicr, 
Duncan, 
Dunkin, 

J>uiiuvaht,  R.  (j. 
Dul'rc, 
English, 
Fair, 
Fiiiley, 
Flud, 
Frainplon, 
I'uruian, 
Garlington, 


r.  J.\MisoN,  Prciident;  and 

Messrs.  (iourdin,  H.  N. 

Gourdin,  T.  L. 

GrccD, 

Grcpc,  William 

Ilanckel, 

Harrison, 

Henderson, 

]Ion(iur, 

Hut^on, 

Inglis, 

Jackson, 

JetTcries, 

Jenkins,  John 

Jenkin.<i,  J.  E. 

Kinard, 

Landruui, 

Law  ton, 

J.(Ogan, 

McCrady, 

McKee. 

I^IcLeod, 
,  Manigault, 

Maxwell, 

Mayes, 

Mazyck, 

Middlcton,  J.  Izard 

Middleton,  Williams 
M.  Moore, 

Moorman, 

Noble, 

Nowell, 

UHear, 

I'alnier, 

J'errin, 

I'orchcr, 

Drcston, 


WEDNESDAY,  SEPTEMBER  17,  1862. 


449 


Messrs  Quattlebaum* 
Rhett, 
Rhodes, 

Richardson,  F.  D. 
Robertson, 
Scott, 

Seabrook,  G.  W. 
Simpson, 
Sims, 

Smith,  J.  J.  P. 
Smith,  Thomas 
Spain, 
Springs, 
Stephens, 


Those  who  voted  in  the  negative,  are 


Messrs,  Stokes, 
Taylor, 


Timmons, 

Tompkins, 

Townsend, 

Wagner, 

Wannamakor, 

Wardlaw, 

Wier, 

Williams, 

Wilson,  J.   H. 

Woods, 

Young. 


Messrs.  Allison, 
Bethca, 
Brabham, 
Calhoun, 
Evans, 
Foster, 
Geiger, 
Goodwin, 
Grisham, 
Hopkins, 
Hunter, 
Manning, 


Messrs.  Mauldin, 
Phillips, 
Pope, 
Reed, 

Richardson,  J.  P. 
Seabrook,  E.  M. 
Sessions, 
Shingler,  W.  P. 
Smyly, 
Sullivan, 
Wilson,  I.  D. 


So  the  motion  was  agreed  to. 

l^Ir.  Hayne  moved  to  strike  out  in  the  first  section  of  the  amend- 
ment the  word  "second,"  and  insert  "first." 

On  motion  of  Mr.  Timmons,  the  amendment  wa.i  ordered  to  lie  on 
the  table. 

On  motion  of  Mr.  McCrady,  the  third  section  of  the  amendment 
was  amended  by  inserting  after  the  word  "power"  the  words  "by  Aet 
of  Awcmbly." 

Mr.  K.  1).  Richard.'«on  offered  the  following  amendment: 


That  nothing  oootaioed  in  the  OrdiDT^occfl  of  this  ConreDtion  shall 
67 


450  JOURNAL  OF  THE  CONVENTION, 

be  so  construed  as  to  authorize  the  Governor  and  Council  hereafter  to 
appoint  either  field  or  company  oflSccrs  of  the  militia  or  of  any  portion 
thereof  which  maybe  employed  in  the  public  service,  unless  the  regi- 
ment, battalion  or  company  so  designed  to  be  formed  shall  decline  or 
refuse  to  elect  when  so  ordered  by  the  proper  authorities. 

The  amendment  was  not  agreed  to. 

On  motion  of  Mr.  McCrady,  the  vote  by  which  the  words  "  by  Act 
of  Assembly  "  were  inserted  in  the  third  section  of  the  amendment, 
was  reconsidered  j  and  on  motion  of  Mr.  McCrady,  the  words  "  by  Act 
of  Assembly"  were  stricken  out,  and  the  words  "  by  Act  of  the  Legis- 
lature" were  inserted. 

On  motion  of  ^Ir.  Tndis,  the  blank  in  the  amendment  offered  by 
Mr.  Inglis  was  filled  with  the  word  "  seventh." 

On  motion  of  Mr.  Wardlaw,  the  preamble  and  the  resolutions  re- 
ported by  the  Committee  were  ordered  to  lit  on  the  table. 

On  motion,  all  after  the  ordaining  words  in  the  Ordinance  reported 
by  the  Committee  was  stricken  out,  the  amendment  ofi'ered  by  Mr. 
Inglis  was  inserted,  and  the  Ordinance  as  amended  was  agreed  tn,  was 
ordered  to  be  engros«t'd,  and  to  be  signed  by  the  President  and  the 
Clerk. 

Mr.  Simons  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Resotbed,  That  it  be  referred  to  the  Committee  on  the  Constitution 
to  inquire  and  report  whether  there  are  any  Ordinances  or  changes  in 
the  fundamental  Constitution  enacted  by  this  body,  which  should  now 
be  modified  or  repealed. 

On  motion  of  ^Ir.  Wardlaw,  Messrs.  McCrady,  Simons,  and  DeSaus- 
sure  were  added  to  the  Committee  on  the  Constitution. 

On  motion  of  Mr.  Campbell,  business  was  suspended  at  forty-five 
minutes  past  three  o'clock,  until  hall'  past  seven  o'clock,  1*.   M. 

RECESS. 

The  President  resumed  the  chair. 

The  President  read  the  following  conimunication,  which,  on  motion' 
of  Mr.  DeSaussure,  was  ordered  to  lie  ou  the  table : 

Columbia,  September  17,  1862. 
To  Mr.  B.  F.  Arthur, 

Clirk  of  Convention : 
My  dear  Sir  :  I  regret  that  your  note   of  the  15th,  transmitting  a 


^IJTEDNESDAY,  SEPTEMBER  17,  1862.  451 

resolution  of  the  Convention,  did  not  reach. nje  in  season  to  allow  a  reply 
before  the  close  of  its  session  on  yesterday. 

It  will  afi'ord  me  great  pleasure  to  comply  with  the  request  of  the 
Convention,  to  deliver  before  it  a  Discourse  on  to-morrow,  the  18th 
instant,  at  any  hour  to  which  that  body  may  see  fit  to  adjourn.  You 
will  oblige  me  by  submitting  this  reply  before  the  Convention  in  any 
form  that  may  be  proper. 

Very  respectfully  yours, 

B.  M.  PALMER. 

Mr.  Allison  presented  the  report  of  the  Committee  on  Accounts  on 
the  account  of  Theo.  •  Stark,  which  was  considered  immediately,  and 
was  agreed  to. 

GENERAL  ORDERS. 

The  resolutions  offered  by  Mr.  Mazjck  were  withdrawn. 
,     Resolutions  (by  Mr.  Atkinson)  were  agreed  to. 

On  motion  of  Mr.  Mazyck,'  the  Convention  went  into 

SECRET  SESSION. 

• 

The  report  of  the  Commissiod  for  Beaufort  District  for  the  removal 
of  slaves ; 

The  report  of  the  Commission  for  the  City  of  Charleston; 

The  report  of  ^e  Commission  for  Charleston  District; 

The  report  of  the  Central  Secretary  to  the  Commission  for  George- 
towu  District ;  and  , 

The  report  of  the  Central  Secretary  to  the  Commission  for  Colleton  ' 
District;  were  received  as  information. 

The  report  of  the  Committee  on  Accounts  on  the  report  of  the  Cen- 
tral Secretary  to  the  Commission  for  Beaufort,  was  agreed  to. 

Mr.  Simons  presented  the  report  of  the  Committee  on  Engrossed 
Ordinances  on  certain  resolutions  of  inquiry  as  to  what  portions  of  the 
journals,  resolutions  and  Ordinances  of  the  Convention  may  now  bo 
made  public,  &c. ;  which  was  considered  immediately,  and  was  agreed 
to. 

Mr.  Simons  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

RcKoIved,  That  the  injunction  of  secrecy  be  removed  from  all  the 
proceedings  and  transactions  of  this  ConventioD  at  its  present  session, 


452       JOURNAL  OF  THE  CONVENTION^  , 

except  the  correspondence  jnarked  No.  4,  and  the  telegrams  accompa- 
Djinp:  it ;  and  that  the  safiio  he  printed  and  distributed  as  is^  rccom- 
mcnded  in  the  Report  of  the  Comuiittce  on  I'^ngrosscd  Ordinances  in 
reference  to  the  proceedings  and  trar.sactions  of  this  body  at  its  pre- 
vious sessions. 

On  motion  of  Mr.  Mazjck,  the  doors  were  opened. 

3Ir.  Wardlaw,  from  the  Committee  on  the  Constitution,  made  a 
report,  and  reported  an  Ordinance  to  give  to  the  General  Asj^einbly 
power  in  reference  to  certain  Ordinances  and  resolutions  of  this  Con- 
vention; which  was  read,  was  agreed  to,  was  ordered  to  be  engrossed, 
and  to  be  signed  ly  the  President  and  the  Clerk. 

The  report  of  the  Coiuniittee  was  agreed  to. 

Mr.  llarllee  offered  the  following  resolution,  which  was  considered 
immediately,  and  was  agreed  to  : 

Jicsolved,  That  the  seal  of  secrecy  be  removed  from  the  journals  oC 
the  Executive  Council,  appointed  by  this  Convention  at  its  first  session, 
commencing  on  the  seventeenth  of  December,  A.  1).  1860. 

Mr.  Chesnut  presented  the  report  of  the  Governor  and  Council, 
made  under  a  resolution  of  the  Convention,  calling  upon  them  for  cer- 
tain information  J  and,  on  motion  of  3Ir.  Taylor,  it  was  ordered  that 
the  report  bo  received  as  information,  be  laid  upon  the  table,  and  upon 
the  adjournment  of  the  Convention  be  remanded  to  the  Chief  of  the 
Military  Department. 

Mr.  Simons  offered  the  foTlowing  resolution,  wliieh,  on  motion  of 
Mr.  Quattlebaum,  was  ordered  to  lie  on  the  table  : 

liiiioIvcJ,  That  the  President  of  the  Convention  be  authorized  to 
draw  his  warrant  or  warrants  on  the  Treasury  for  the  payment  of  the 
Printer  of  the  Convention,  for  such  work  as  may  be  performed  by  him 
under  the  orders  and  direction  of  the  same. 

Mr.  Simons,  from  the  Committee  on  Engrossed  Ordinances,  reported 
that  the  following  Ordinances  have  been  engrossed,  have  been  signed 
by  the  President  and  the  Clerk,  and  deposited  in  the  office  of  the 
Secretary  of  State  ;   to  wit : 

An  Ordinance  to  amend  an  Ordinance  for  strcngtliening  the  Execu- 
tive Department  during  the  exigencies  of  the  present  war ;  and 


.  WEDNESDAY,  SEPTEMBER  17,  1862.  453 

An  Ordinance  to  p^ivc  to  the  General  Assembly  power  in  reference 
to  certain  Ordinances  and  resolutions  of  this  Convention. 

On  motion  of  Mr.  J.  1.  JMiddleton,  tlie  Convention  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Dunkin  in  the  chair. 

Mr.  DeSaussure  offered  the  following  resolution,  which  was  agreed 
to: 

Resolved  unanhnousJi/,  That  the  thanks  of  this  Convention  be,  and 
the  same  are  hereby,  tendered  to  Hon.  D.  F.  Jamison,  for  the  ability, 
fidelity  and  impartiality  with  which  he  has  discharged  the  responsible 
and  laborious  duties  of  his  liigh  office,  and  upon  parting  with  him  they 
take  great  pleasure  in  leaving  upon  record  this  expression  of  their  high 
respect  and  esteem. 

On  motion  of  Mr.  Quattlcbaum,  the  Committee  rose,  and  the  Chair- 
man  reported  to  the  Convention  the  resolution  adopted  by  the  Com- 
mittee. 

The  President  said  : 

Gentlemen  of  the  Convention  : 

The  repeated  manifestations  of  kindness  which  I  have  received  at 
the  hands  of  a  body  of  men  so  distinguished  for  their  gravity,  unity  of 
purpose  and  entire  freedom  from  the  influences  of  popular  clamor  or 
selfish  interest,  have  filled  me  with  emotions  of  gratitude,  to  which  I 
can  give  no  adequate  expression. 

To  that  unity  of  purpose — the  peculiar  characteristic  of  this  Conven- 
tion— much,  if  not  all,  of  the  success  of  the  measures  which  have 
emanated  from  this  body  may  justly  be  ascribed. 

If  you  had  been  distracted  in  your  counsels,  the  moral  weiglit,  which 
gave  such  impetus  to  your  first  great  act,  would  have  been  wanting; 
South  Carolina  would  have  faltered,  no  other  State  would  have  taken 
the  initiative;  the  revolution  now  progressing  so  gloriously  to  our 
arms,  would  never  have  commenced;  at  this  moment  our  necks  would 
have  been  under  the  heel  of  a  detested  abolition  tyrant;  our  liberties, 
our  property  and  our  lives  would  have  been  subject  to  the  Vill  of  a 
base  abolition  mob,  and  we  could  have  bequeathed  no  other  inheritance 
to  our  children  than  a  legacy  of  poverty,  sorrow  and  shame. 

Connected  as  you  have  been  with  Forae.  of  the  most  memorable  inci- 
dents in  the  history  of  South  Carolina,  it  will  always  be  a  subject  of 
patriotic  pride  to  me  to  have  been  a  member  of  the  CoDvenlioD  of  1860. 


454       JOURNAL  OF  THE  CONVENTION, 

For  this,  and  all  other  manifestations  of  your  kindness,  permit  me, 
gentlemen,  to  offer  you  my  most  profound  acknowledgements,  and,  in 
all  probability,  as  a  body,  we  will  never  meet  again,  to  tender  to  each 
of  you  a  grateful  adieu. 

On  motion  of  Mr.  J.  I.  Middlcton,  the  Convention  was  adjourned  at 
thirty  minutes  past  nine  o'clock,  P.  M. 

B.  F.  ARTHUR, 

Clerk  of  the  Convention. 


•  APPENDIX: 


CONTAINING 


REPORTS,  RESOLUTION'S,  ETC. 


FIRST  SESSION 


58 


ml:* 


AN  ACT  TO  PROVIDE  FOR  THE  CALLING  OF  A  CONVEN- 
TION OF  THE  PEOPLE  OF  THIS  STATE. 

1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
That  a  Convention  of  the  People  of  the  State  of  South  Carolina  is 
hereby  ordered  to  bo  assembled  }n  the  City  of  Columbia,  on  Monday, 
the  seventeenth  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty,  for  the  purpose  of  taking  into  considera- 
tion the  dangers  incident  to  the  position  of  the  State  in  the  Federal 
Union  established  by  the  Constitution  of  the  United  States,  and  the 
measures  which  may  be  necessary  and  proper  for  providing  against  the  , 
same,  and  thereupon  to  take  care  that  the  Commonwealth  of  South 
Carolina  shall  suficr  no  detriment. 

2.  That  on  the  sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  the  Managers  of  Elections  for  the 
several  Districts  in  .the  State  shall,  after  giving .  public  notice  as  in 
cases  of  elections  for  members  of  the  Legislature,  open  the  polls  and 
hold  elections  in  their  respective  »Districts  for  Delegates  to  the  said 
Convention,  in  all  respects  in  the  same  manner  and  form,  and  at  the 
same  places,  as  elections  are  now  conducted  for  members  of  the  Legis- 
lature. And  all  persons  who  are  qualified  and  entitled  by  the  Consti- 
tution and  Laws  of  this  State  to  vote  for  members  of  the  Legislature, 
shall  be  f|ualified  and  entitled  to  vote  for  said  Delegates  to  said  Con- 
vention ;  and  in  case  of  any  vacancy  occurring  by  death,  resignation 
or  removal  from  the  State,  or  refusal  to  serve,  of  any  person  elected  a 
Delegate  to  the  said  Convention,  the  Presijding  Officer  of  the  said  Con- 
vention ehall  issue  his  Writ,  authorizing  and  requiring  the  Managers  of 
Elections  in  the  Election  District  in  which  such  vacancy  may  have  oc- 
curred, after  giving  due  notice  thereof,  to  open  a  poll  and  hold  an  elec- 
tion to  fill  such  vacancy,  as  in  cases  for  the  election  of  Menibers  of  the 
Legislature.  That  the  Managers  in  the  several  Election  Districts  and 
Parishes  shall  meet  on  Friday,  the  seventh  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  count  the 
votes  and  declare  the  election. 

3.  That  each  Electioo,  District  throughout  the  State  shall  be  entitled 


460  APPENDIX  TO  TIIK 

to  elect  and  send  to  the  said  Convention  a  number  of  Delegates  equal 
to  the  whole  number  of  Senators  and  Kcprcsentatk'es  which  such  Dis- 
trict is  now  entitled  to  send  to  the  Lci^i.^lature,  and  the  Delegates  to 
the  said  Convention  phall  be  entitled  to  the  same  freedom  of  arrest  in 
going  to,  returning  from,  and  whilst  in  attendance  on  said  Convention, 
as  is  extended  to  the  ujonibcrs  of  the  Legislature. 

4.  That  all  free  white  male  citizens  of  tl)is  State  of  the  age  of 
twenty-one  years  and  upwards,  and  who  arc  entitled  to  vote  for  mem- 
bers of  the  State  Legislature,  shall  be  eligible  to  a  seat  in  the  said 
Convention. 

In  the  Senate  House,  the  thirteenth  day  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  and  in  the  eighty- 
fifth  year  of  the  sovereignty  and  independence  of  the  United 
States  of  America. 

WILLIAM  D.  PORTER,  . 

President  of  the  Senate. 
JAMES  SIMONS, 

Speaker  of  the  House  of  Representatives. 


FIRST  SESSION.  461 


DECLARATION  OF  THE  IMMEDIATE  CAUSES  WHICH  IN- 
DUCE  AND  JUSTIFY  THE  SECESSION  OF  SOUTH  CARO- 
LINA FROM  THE  FEDERAL  UNION. 

The  People  of  the  State  of  South  Carolina,  in  Convention  assembled, 
on  the  2Gth  day  of  April,  A.  D.,  1852,  declared  that  the  frecjuent  vio- 
lations of  the  Constitution  of  the  United  States,  by  the  Federal 
Governniont,  and  its  encroachments  upon  the  reserved  rights  of  the 
States,  fully  justified  this  State  in  then  withdrawing  from  the  Federal 
Union ;  but  in  deference  to  the  opinions  and  wishes  of  the  other  slaje- 
holding  States,  she  forbore  at  that  time  to  exercise  this  right.  Since 
that  time,  these  encroachments  have  continued  to  increase,  and  further 
forbearance  ceases  to  be  a  virtue. 

And  now  the  State  of  South  Carolina  having  resumed  her  separate 
and  equal  place  among  nations,  deems  it  due  to  herself,  to  the  remain- 
ing United  States  of  America,  and  to  the  nations  of  the  world,  that 
she  should  declare  the  immediate  causes  which  have  led  to  this  act. 

In  the  year  17G5,  that  portion  of  the  British  Empire  embracing 
Great  Britain,  undertook  to  make  laws  for  the  government  of  that  por- 
tion composed  of  the  thirteen  American  Colonies.  A  struggle  for  the 
right  of  self-government  ensued,  which  resulted,  on  the  4th  of  July, 
1776,  in  a  Declaration,  by  the  Colonies,  "  that;,  they  are,  and  of  right 
ought  to  be,  FREE  AND  INDEPENDENT  STATES;  and  that,  as 
free  and  independent  States,  they  have  full  power  to  levy  war,  con- 
clude ^eace,  contract  alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things  which  independent  States  may  of  right  do." 

They  further  solemnly  decfared  that  whenever  any  "  form  of  goverq- 
ment  becomes  destructive  of  the  ends  for  which  it  was  established,  it 
is  the  right  of  the  people  to  alter  or  abolish  it,  and  to  institute  a  new 
government."  Deeming  the  Government  of  Great  Britain  to  have 
become  destructive  of  these  ends,  they  declared  that  the  Colonies 
"are  absolved  from  all  allegiance  to  the  Briti.«h  Crown,  and  that 
all  political  connection  between  them  and  the  State  of  Great  Britain  is, 
and  ought  to  be,  totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each  of  the  thir- 
teen States  proceeded  to  exercise  its  separate  sovereignty  j  adopted  for 


4G2  APPENDIX  TO  THE 

> 
itself  a  Constitution,  and  appointed  officers  for  the  ndministration  of 
governuient  in  all  its  departments — Legislative,  Eseotllivc  and  Judicial. 
For  purposes  of  defence,  they  united  their  arms  and  their  counsels; 
and,  irv  177S,  tlicy  entered  into  a  League  known  as  the  Articles  of 
Confederation,  wheretj  thej  agreed  to  entrust  the  administration  of 
their  external  relations  to  a  common  agent,  known  as  the  Congress  of 
the  United  States,  expressly  declaring,  in  the  first  Article  '*  that  each 
State  retnins  its  sovereignty,  freedom  and  independence,  and  every 
power,  jurisdiction  and  right  which  is  not,  by  this  Confederntiou,  ex- 
pressly delegated  to  the  United  b'tatcs  in  Congress  assembled." 

Under  this  Confederation  the  war  of  the  Revolution  was  carried  on, 
and  on  the  3d  September,  ITSo,  the  contest  ended,  and  a  definite  Treaty 
was  signed  by  Great  IJritain,  in  whichshe  acknowledged  the  indepen- 
dence of  the  Colonies  in  the  following  terms : 

"Articlk  1. — Ilis  Britannic  ]M:ijcsty  acknowledges  the  said  United 
States,  viz:  New  llainpsliire,  Massachusetts  IJay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsyl- 
vania, Delaw^irc,  Maryland,  A''irginia,  North  Carolina,  South  Carolina 
and -Georgia,  to  bo  FREE,  SOVEREIGN  AND  INDI^^PEXDENT 
STATES;  that  he  treats  with  them  as  such;  and  for  himself,  his  heirs 
and  successors,  relinquishes  all  claims  to  the  government,  propriety 
and  territurial  rights  of  the  same  and  every  part  thereof." 

Thus  were  established  the  two  great  principles  asserted  by  the  Colo- 
nies, namely :  the  right  of  a  State  to  govern  itself;  and  the  right  of  a 
people  to  abolish  a  Government  when  it  becomes  destructive  of  the 
ends  for  which  it  was  ipstituted.  And  concurrent  with  the  establish- 
ment of  these  principles,  was  the  fact,  that  each  Colony  became  and 
was  recognized  by  the  mother  Country  as  a  FREE,  SOVEREIGN 
AND  INDEPENDENT  STATE. 

In  ITHT,  D.eputics  were  appointed  by  the  States  to  revise  the  Articles 
of  Confederation,  and  on  17th  September,  1787,  these  Deputies  recom- 
mended, for  the  adoption  of  the  States,  the  Articles  of  Union,  known 
as  the  Constitution  of  tlie  United  States. 

The  parties  to  whom  this  Constitution  was  submitted,  were  the  several 
sovereign  States;  they  were  to  agree  or  disagree,  and  when  nine  of  them 
agreed  the  compact  was  to  lake  effect  among  those  concurring;  and  the 
General  Government,  as  the  couiuiou  agent,  was  then  to  be  invested 
with  their  authority. 

If  only  nine  of  the  thirteen  States  had  concurred,  the  other  four 
would  have  remained  as   they  then   were — separate,  sovereign   States, 


FIRST  SESSION.  4G3 

independent  of  any  of  the  provisions  of  the  Constitution.  In  fact, 
two  of  the  States  did  not  accede  to  the  Constitution  until  long  after  it 
had  gone  into  operation  among  the  other  eleven  ;  and  during  thaf  inter- 
val, they  each  exercised  the  functions  of  an  independent  nation. 

By  this  Constitution,  certain  duties  wore  imposed  upon  the  several 
States,  and  the  exercise  of  certain  of  their  powers  was  restrained, 
which  necessarily  implied  their  continued  existence  as  sovereign 
States.  But  to  remove  all  doubt,  an  amendment  was  added,  which 
declared  that  the  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States,  respectively,  or  to  ther  people.  On  23d  May,  1788,  South 
Carolina,  by  a  Convention  of  her  People,  passed  an  Ordinance  assent- 
ing to  this  Constitution,  and  afterwards  altered  her  own  Constitution, 
to  conform  herself  to  the  obligations  she  had  undertaken. 

Thus  was  established,  by  compact  between  the  States,  a  Government, 
with  defined  objects  and  powers,  lijiiited  to  the  express  words  of  the 
grant.  This  limitatiod  left  the  whole  remaining  mass  of  power  sub- 
ject to  the  clause  reserving  it  to  the  States  or  to  the  people,  and  ren- 
dered unnecessary  any  specification  of  reserved  ri.Mits. 

We  hold  that  the  Government  thus  established  is  subject  to  the  two 
great  principles  asserted  in  the  Declaration  of  Independence;  and  we 
hold  further,  that  the  mode  of  its  form/ition  subjects  it  to  a  tliird  fun- 
damental principle,  namely:  the  law  of  compact.  We  maintain  that  in 
every  compact  between  two  or  more  patties,  the  obligation  is  mutual ; 
that  the  failure  of  one  of  the  contracting  parties  to  perform  a  material 
part  of  the  agreement,  entirely  releases  the  obligation  of  the  other; 
and  that  where  no  arbiter  is  provided,  each  party  is  remitted  to  his  own 
judgment  to  determine  the  fact  of  failure, .with  all  its  consequences. 

In  the  present  case,  that  fact  is  established  with  certainty.  We 
assert  that  fourteen  of  the  States  have  deliberately  refused,  for  years 
past,  to  lulfil  their  constitutional  obligations,  and  we  refer  to  their  own 
Statutes  fur  the  proof. 

The  Constitution  of  the  United  States,  in  itsfourtli  Article,  provides 
as  follows  : 

"  Xo  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but  shall 
he  delivered  up,  on  claim  of  the  party  to  whom  such  service  or  labor 
may  be  due." 

This  stipulation  was  so  material  to  the  compact,  that  without  it  that 


4G4  APPENDIX  TO  THE 

compact  would  not  have  been  made.  The  urcatcr  number  of  the  con- 
tracting parties  held  slaves,  and  they  had  previously  evinced  their  esti- 
mate *of  the  value  of  such  a  (stipulation  by  luakinpit  a  condition  in  the 
Ordinance  for  flic  government  of  the  territory  ceded  by  Virginia, 
which  now  composes  the  States  north  of  the  Ohio  River. 

The  game  article  of  the  Constitution  stipulates  also  for  rendition  by 
the  several  States  of  fugitives  from  justice  from  the  other  States. 

The  General  Government,  as  the  common  agent,  passed  laws  to  carry 
into  effect  these  stipulations  of  tile  States.  For  many  years  these  laws 
were  executed.  But  an  increasing  hostility  on  the  part  of  the  non- 
slaveholding  States  to  the  institution  of  slavery,  has  led  to  a  disregard 
of  their  obligations,  and  the  laws  of  the  General  Government  have 
ceased  to  effect  the  objects  of  the  Constitution.  The  States  of  Maine, 
New  Hampshire,  Verniout,  Massachusetts,  Comiecticut,  Rhode  Island, 
New  York,  Pennsylvania,  Illinois,  Indiana,  i^lichigan,  Wisconsin  and 
Iowa,  have  enacted  laws  which  cither  nullify  the  Acts  of  Congress  or  ren- 
der useless  any  attempt  to  execute  them.  In  iliany  of  these  States  the 
fugitive  is  discharged  from  the  service  (^r  labor  claimed,  and  in  none  of 
them  has  the  State  Government  complied  with  the  stipulation  made  in 
the  Constitution.  The  State  of  New  Jersey,  at  an  early  day,  passed  a 
law  in  conformity  with  hci  constitutional  obligation;  but  the  current 
of  anti-slavery  feeling  has  led  her  more  recently  to  enact  laws  which 
render  inoperative  the  remedies  provided  by  her  own  law  and  by  the 
laws  of  Congress.  In  the  State  of  New  York  even  the  right  of  transit 
for  a  slave  has  been  denied  by  her  tribunals  ;  and  the  States  of  Ohio 
and  Iowa  have  refused  to  surrender  to  justice  fugitives  charged  with 
murder,  and  with  inciting  servile  insurrection  in  the  State  of  Virginia. 
Thus  the  constituted  compact  has  been  deliberately  broken  and  disre- 
garded by  the  non-slaveholding  States,  and  the  consequence  follows 
that  South  Carolina  is  released  from  her  obligation. 

The  ends  for  which  this  Constitutiitn  was  framed  arc  declared  by 
itself  to  be  "  to  form  a  more  perfect  union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity." 

Ihcsc  ends  it  endeavored  to  accomplish  by  a  Federal  Government, 
in  which  each  State  was  recognized  as  an  equal,  and  had  separate  con- 
trol over  its  own  institutions.  The  riglit  of  j-ropcrty  in  slaves  was 
recognized  by  giving  to  free  persons  distinct  political  right.-?,  by  giving 
them  the  right  to  represent,  and  burtheniug  them  with  direct  taxes  for 


FIRST  SESSION.  466. 

three-fiftlis  of  their  slaves;  by  authorizing  the  importation  of  slaves  for 
twenty  years ;  and  by  stipulating  for  the  rendition  of  fugitives  from 
labor. 

We  affirm  that  these  ends  for  which  this  Government  was  instituted 
have  been  defeated,  and  the  (Jovernmcnt  iteelf  has  been  made  destruc- 
tive of  them  by  the  action  of  the  non-slaveholding  States.  Those 
States  have  assumed  the  right  of  deciding  upon  the  propriety  of  our 
domestic  institutions;  and  have  denied  the  rights  of  property  estab- 
lished in  fifteen  of  the  States  and  recognized  by  the  Constitution ;  they 
have  denounced  as  sinful  tl^e  institution  of  slavery;  they  have  per- 
mitted the  open  establishment  among  them  of  societies,  whose  avowed 
object  is  to  disturb  the  peace  and  to  eloign  the  property  of  the  citizens 
of  other  States.  They  have  encouraged  and  assisted  thousands  of  our 
slaves  to  leave  their  homes;  and  those  who  remain,  have  been  incited 
by  emissaries,  books  and  pictures  to  servile  insurrection. 

For  twenty-five  years  this  agitation  has  been  steadily  increasing, 
until  it  has  now  secured  to  its  aid  the  power  of  the  common  Govern- 
ment. Observing  ihc/or7ns  of  the  Constitution,  a  sectional  party  has 
found  within  that  Article  establishing  the  Executive  Department,  the 
means  of  subverting  the  Constitution  itself.  A  geographical  line  has 
been  drawn  across  the  Union,  and  all  the  States  north  of  that  line  have 
united  in  the  election  of  a  man  to  the  higj^  office  of  President  of  the 
United  States,  whose  opinions  and  purposes  are  hostile  to  slavery.  IJe 
is  to  be  entrusted  with  the  administration  of  the  common  Government, 
because  he  has  declaxed  that  that  "  Government  cannot  endure  per- 
manently half  slave,  half  free,"  and  that  the  public  mind  must  rest  in 
the  belief  that  slavery  is  in  the  course  of  ultimate  extinction. 

This  sectional  cwiibi nation  for  the  submersion  of  the  Cou.stitutiori, 
has  been  aided  in  some  of  the  States  by  elevating  to  citizenship,  per- 
sons, who,  by  the  supreme  law  of  the  land,  are  incapable  of  becoming 
citieens;  and  their  votes  have  been  used  to  inaugurate  a  new  policy, 
hostile  to  the  South,  and  destructive  of  its  peace  and  safety. 

On  the  4th  of  March  next,  this  party  will  take  possession  of  the 
Government.  It  has  announced  that  the  South  shall  be  excluded 
from  the  common  territory,  that  the  judicial  tribunals  shall  be  made 
sectional,  and  that  a  war  must  be  waged  against  slavery  until  it  shall 
cease  throughout  the  United  States. 

The  guaranties  of  the  Constitution  will  then  no  longer  exist;  the 
cqiial  rights  of  the  States  will  be  lost.  The  skvcholding  Stitcs  will 
5'J 


466  AI'PENDIX  TO  THE 

no  longer  have  the  power  of  self-government,  or  self-protection,  and 
the  Federal  Governmor.t  will  have  become  their  enemy. 

Sectional  interest  and  animosity  will  deepen  the  irritation,  and  all 
hope  of  remedy  is  rendered  vain,  by  the  fact  that  public  opinion  at  the 
North  has  invested  a  great  political  error  with  the  sanctions  of  a  more 
erroneous  religious  belief. 

We,  therefore,  the  People  ^f  South  Carolina,  by  our  delegates  in 
Convention  assembled,  appealing  to  the  Supreme  Judge  of  the  world 
for  the  rectitude  of  our  intentions,  have  sulemnly  declared  that  the 
Union  heretofore  existing  between  this  State  and  the  other  States  of 
North  America,  is  dissolved,  and  that  the  State  of  South  Carolina  has 
resumed  her  position  among  the  nations  of  the  world,  as  a  separate  and 
independent  State  j  with  full  power  to  levy  war,  conclude  peace,  con- 
tract alliances,  establish  commerce,  and  to  do  all  otlicr  acts  and  things' 
which  iuiiependeut  States  may  of  right  do. 


riEST  SESSION.  46? 


THE  ADDRESS  OF  THE  PEOPLE  OF  SOUTH  CAROLINA, 
ASSEMBLED  IN  CONVENTION,  TO  THE  PEOPLE  OF  THE 
SLAVEHOLDING  STATES  OF  THE  UNITED  STATES. 

It  is  seveoty-thrce  years  since  the  Union  between  the  United  States 
was  made  by  the  Constitution  of  the  United  States.  Durinpr  this  time, 
their  advance  iti  wealth,  prosperity  and  power  has  been  with  scarcely 
a  parallel  in  the  the  history  of  the  world.  The  great*  object  of  their 
Union  was  defence  against  external  aggression;  which  object  is  now 
'attained,  from  (heir  mere  progress  in  power.  Thirty-cme  millions  of 
people,  with  a  commerce  and  navigation  which  explore  every  sea,  and 
with  agricultural  productions  which  are  necessary  to  every  civilized 
people,  command  the  friendship  of  the  world.  But  unfortunately,  our 
internal  peace  has  not  grown  with  our  external  prosperity.  Discontent 
and  contention  have  moved  in  the  bosom  of  the  Confederacy  for  the 
last  thirty-five  years.  During  this  time.  South  Carolina  has  twice 
called  her  people  together  in  solemn  Convention,  to  take  into  consider- 
ation the  aggressions  and  unconstitutional  wrongs  perpetrated  by  the 
people  of  the  North  o;i  the  people  of  the  South.  These  wrongs 
were  submitted  to  by  the  people  of  the  South,  under  the  hope  and  ex- 
pectation that  they  svould  be  final.  ]Jut  such  hope  and  expectation 
have  prov(?d  to  be  vain.  Instead  of  producing  forbearance,  our  acqui- 
escence has  only  instigated  to  new  forms  of  aggression  and  outrage; 
and  South  Carolina,  having  again  assembled  her  people  in  (Convention, 
has  this  day  dissolved  her  connection  with  the  States  constituting  the 
United  States. 

The  one  great  evil,  from  which  all  other  evils  have  flowed,  is  the 
overthrow  of  the  Constitution  of  the  United  States.  The  Government 
of  the  United  States  is  no  longer  the  Government  of  Confederated  Re- 
publics, but  of  a  consolidated  Deniocracy.  It  is  no  longer  a  free  Gov- 
ernment, but  a  despotism.  It  is,  in  fact,  such  a  Government  as  Great 
Britain  attempted  to  set  over  our  fathers  ;  and  which  was  resisted  and 
defeated  by  a  seven  years'  struggle  for  independence. 

The  Revolution  of  1770  turned  upon  one  great  principle,  self-govern- 
ment— and  self- taxation,  the  criterion  of  Belf-govcrnment.  Where  the 
iatcrests  of  two  people  united  together  under  one  Government,  arc  dif- 


4GS  ATPENDIX  to  THK 

ferent,  each  must  have  the  power  to  protect  its  interests -by  the  organi- 
zation of  the  Government,  or  they  cannot  be  free.  The  interests  of 
(Ireat  Britain  and  of  the  Colonics  were  different  and  antnjronistic. 
Great  Britain  was  desirous  of  -carryinp:  out  the  policy  of  all  nations  to- 
wards their  Colonies,  of  making  them  tributary  to  her  wealth  and 
power.  She  had  vast  and  complicated  relations  with  the  whole  world. 
Her  policy  towards  her  North  American  Colonies  was  to  identify  them 
with  her  in  all  these  complicated  relations  ;  and  to  make  them  bear,  in 
common  with  the  rest  of.  the  Empire,  the  full  burden  of  her  obliga- 
tions and  necessities.  She  had  a  vast  public  debt ;  she  had  an  Euro- 
pean policy  and  an  Asiatic  policy,  which  had  occasioned  the  accumu- 
lation of  her  public  debt;  and  which  kept  her  in  continual  wars.  The 
North  American  Colonies  saw  their  interests,  political  and  commercial, 
sacrificed  by  such  a  policy.  Their  interests  recjuircd  that  they  should* 
rot  be  ideutilied  with  the  burdens  and  wars  of  the  mother  country. 
They  had  been  settled  under  charters,  whieh  gave  them  self-govern- 
ment ;  at  least  so  far  as  their  property  was  concerned.  *Thcy  had  taxed 
themselves,  and  had  never  been  taxed  by  the  Government  of  Great 
Britain.  To  make  them  a  part  of  a  consolidated  Empire,  the  Parlia- 
ment of  Great  Britian  determined  to  assume  the  power  of  legislating 
lor  the  Colonies  in  all  cases  whatsoever.  Our  ancestors  resisted  the  pre- 
tension. They  refused  to  be  a  part  of  the  consolidated  Government  of 
Great  Britain. 

The  ^Southern  States  now  stand  exactly  in  the  same  position  towards 
the  Northern  States  that  the  Colonies  did  tojvards  Great  Biitain. 
The  Northern  States,  having  the  majority  in  Congress, •claim  the 
same  power  of  omnipotence  in  legislation  as  the  British  Barliament. 
"  The  General  Welfare,"  is  the  only  limit  to  the  legislation  of  either; 
and  the  majority  in  Congress,  as  in  the  liritish  Parliament,  arc  the 
sole  ju(jlges  of  the  expediency  of  the  legislatiou  this  "  General  "Wel- 
fare" requires.  Thus,  the  Government  of  the  United  Slates  has 
become  a  consolidated  Government  j  and  the  people  of  the  Southern 
States  are  compelled  to  meet  the  very  despotism  their  fathers  threw  off 
in  the  Ptevolutiou  of  1770. 

The  couholidatiou  of  the  Government  of  Great  Britain  over  the  Colo- 
nies, was  attempted  to  be  carried  out  by  the  taxes.  The  British  Par- 
liauu'ut  undertook  to  tax  the  Colonies,  to  promote  British  interests. 
Our  father.s  resisted  this  pretension.  They  claimed  the  right  of  self- 
taxation  ihroujh  their  Colonial  Lcijidaiures.  They  were  not  represented 
iu  the  British  Parliament,  and,   therefore,  could    not    rightly   be  taxed 


FIRST  SESSION.  469 

by  its  legislation.  The  British  Government  however,  offered  them  a 
representation  in  Parliament;  but  it  wag  not  sufficient  to  enable  them 
to  pfotect  themselves  from  the  majority,  jfnd  they  refused  the  offer. 
Between  taxation  without  any  representation,  and  taxation  without  a 
representation  adequate  to  protection,  there  was  no  difference.  In 
neither  case  would  the  Colonies  tax  themselves.  Hence,  they  refused 
to  pay  the  taxes  laid  by  the  British  JParliaraent. 

And  so  with  the  Southern  States,  towards  the  Northern  States,  ia 
the  vital  matter  of  taxation.  They  are  in  a  minority  in  Congress. 
Their  representation  in  Congress  is  useless  to  protect  them  against  unjust 
taxation;  and  they  are  taxed  by  the  people  of  the  }iorth  for  their  bun' 
ejif,  exactly  as  the  people  of  Great  Britain  taxed  our  ancestors  in  the 
British  Parliament  for  their  benefit.  For  the  last  forty  years,  the  taxes 
laid  by  the  Congress  of  the  United  States,  have  been  laid  with  a  view 
of  subserving  the  interests  of  the  North.  The  people  of  the  South 
have  been  taxed  by  duties  on  imports,  not  for  revenue,  but  for  an 
object  inconsistent  with  revenue — to  promote,  by  prohibitions.  North- 
ern interests  in  the  productions  of  their  mines  and  manufactures. 

There  is  another  evil,  in  the  condition  of  the  Southern  towards  the 
Northern  Stites,  which  our  ancestors  refused  to  bear  towards  Great 
Britain.  Our  ancestors  not  only  taxed  themselves,  but  all  the  taxes 
collected  from  them,  were  expended  amongst  them.  Had  they  sub- 
mitted to  the  pretensions  of  the  British  Government,  the  taxes  collected 
from  them  would  have  been  expended  in  other  parts  of  the  British 
Empire.  They  wercfully  aware  of  the  effect  of  such  a  policy  in  inj- 
poverishing  the  people  from  whom  taxes  are  collected,  and  in  enriching 
those  who  receive  the  benefit  of  their  expenditure.  To  prevent  the 
evils  of  such  a  policy,  was  one  of  the  motives  which  drove  them  on  to 
revolution.  Yet  this  British  policy  has  been  fully  realized  towards 
the  Southern  States  by  the  Northern  States.  The  people  of  the 
Southern  States  are  not  only  taxed  for  the  benefit  of  the  Northern 
States,  but  after  the  taxes  are  collected,  three-fourths  of  them  are  ex- 
pended at  the  North.  This  cause,  with  others,  connected  with  the 
operation  of  the  General  Government,  has  made  the  cities  of  the  South 
provincial.  Their  growth  is  paralyzed;  they  are  mere  suburbs  of 
Northern  cities.  The  agricultural  productions  of  the  South  are  the 
basis  of  the  foreign  commerce  of  the  United  States  ;  yet  Southern  cities 
do  not  carry  it  on.  Our  foreign  trade  is  almost  annihilated.  In  1740, 
there  were  five  shipyards  in  South  Carolina,  to  build  ships  to  carry  on 
our  direct  trade  with  Europe.     Between   1740  and   1770,  there  wore 


470  APPENDIX  TO  THE 

built  iu  these  yards,  twenty-five  square  ricged  vessels,  besides  a  great 
number  of  sloops  and  schooners,  to  carry  on  our  coast  and  West  India 
trade.  Iu  the' half  century  imniediatoly  preceding  the  J^evolnMon, 
from  1725  to  1775,  the  population  of  S<Mitli  rnmlina  iucronscd  seven- 
fold. 

No  man  can,  for  a  moment,  believe  tluit  our  ancestors  intended  to 
establish  over  their  posterity,  exactly  the  .«ame  sort  of  Government  they 
had  overthrown.  The  great  object  of  the  Constitution  of  the  United 
States,  iu  its  internal  operation,  was,  doubtless,  to  secure  the  great  end 
of  the  Revolution — a  limited  free  fJovernmcnt — a  Government  limited 
to  those  matters  only,  which  were  general  and  common  to  all  portions 
of  the  United  States.  All  sectional  or  local  interests  were  to  be  left 
to  the  States,  I3y  no  other  arrangement  would  they  obtain  free 
Government,  by  a  Constitution  common  to  so  vast  a  Confederacy.  Yet, 
by  gradual  and  steady  encroachments  on  the  part  of  the  people  of  the 
North,  and  acquiescence  on  the  part  of  the  South,  the  limitations  in 
the  Constitution  have  been  swept  away;  and  the  Government  of  the 
United  States  has  become  consolidated,  with  a  claim  of  limitless  powers 
in  its  operations. 

It  is  not  at  all  surprisiqg,  such  being  the  character  of  the  Govern- 
ment of  the  United  States,  that  it  should  assume  to  possess  power  over 
all  the  institutions  of  the  country.  The  agitations  on  the  subject  of 
slavery  arc  the  natural  results  of  the  consolidation  of  the  Government. 
Kesponsibility  follows  power;  and  if  the  people  of  the  North  have  the 
power  by  Congress  "  to  promote  the  general  welfare  of  the  United 
States,"  by  any  means  they  deem  expedient — why  should  they  not 
assail  and  overthrow  the  institution  of  slavery  in  the  South';'  They  arc 
responsible  for  its  continuance  or  existence,  in  proportion  to  their 
power.  A  majority  iu  Congress,  according  to  their  interested  and  per- 
verted views,  is  omnipotent.  The  indnconionts  to  act  upon  the  sub- 
ject of  slavery,  under  such  circumstances,  were  so  imperious,  as  "to 
amount  almost  to  a  moral  necessity.  To  make,  however,  their  numeri- 
cal power  available  to  rule  the  Union,  the  North  must  consolidate  their 
power.  It  would  not  be  united,  on  any  matter  common  to  the  whole 
Union — in  other  words,  on  any  constitutional  subject — for  on  such  sub- 
jects divisions  are  as  likely  to  exist  in  the  North  as  in  the  South. 
Slavery  was  strictly  a  sectional  interest.  If  this  could  bo  made  the 
criterion  of  parties  at  the  North,  the  North  could  bo  united  in  its 
power;  and  thus  carry  out  its  measures  of  sectional  ambition,  encroach- 
uieut   and  aggrandizement.     To  build  up  their  sectional  predominance 


FIRST  SESSION.  '  471 

in  the  Union,  the  Constitution  must  be  first  abolished  by  constructions  j 
but  tliat  bcinj;  done,  the  consolidation  of  the  North,  to  rulo  the  South, 
by  the  tariQ'  and  slavery  issues,  was  in  the  obvious  course  of  things. 

The  Constitution  of  the  United  States  was  an  experiment.  The  ex- 
periment consisted  in  uniting  under  one  Goverunieut,  peoples  living 
in  dificrent  climates,  and  having  different  pursuits  and  institutions. 
It  matters  not  how  carefully  the  limitations  of  such  a  Government  be 
laid  down  in  the  Constitution — its  success  must,  at  least,  depend  upon 
the  good  faith  of  the  parties  to  the  constitutional  compact,  in  enforcing 
them.  It  is  not  in  the  power  of  human  language  to  exclude  false  in- 
ferences, constructions  and  perversions,  in  any  Constitution  ;  and  when 
vast  sectional  interests  are  to  be  subserved,  involving  the  appropriation 
of  countless  millions  of  money,  it  has  not  been  the  usual  experience  of 
mankind,  that  words  on  parchments  can  arrest  power.  The  Constitu- 
tion of  the  United  States,  irrespective  of  the  interposition  of  the 
States,  rested  on  the  assumption  that  power  would  yield  to  faith — 
that  integrity  would  be  stronger  than  interest;  and  that  thus,  the  limita- 
tions of  the  Constitution  would  be  observed.  The  experiment  has  been 
fairly  made.  The  Southern  States,  from  the  commencement  of  the 
Government,  have  striven  to  keep  it  within  the  orbit  prescribed  by  the 
Constitution.  The  experiment  has  failed.  The  whole  Constitution, 
by  the  constructions  of  the  Northern  people,  has  been  absorbed  by  its 
preamble.  In  their  reckless  lust  for  power,  they  seem  unable  to  com- 
prehend that  seeming  paradox — that  the  more  power  is  given  to  the 
General  Government,  the  weaker  it  becomes.  Its  strength  consists  in 
the  limitation  of  its  agency  to  objects  of  common  interests  to  all  sec- 
tions. To  extend  the  scope  of  its  power  over  sectional  or  local  interests, 
is  to  raise  up  agaihst  it  opposition  and  resistance.  In  all  such  mat- 
ters, the  General  Government  must  necessarily  be  a  despotism,  because 
all  sectional  or  local  interests  must  ever  be  represented  by  a  minority  * 
in  the  councils  of  the  General  Government — having  no  power  to  pro- 
tect itself  against  the  rule  of  the  majority.  The  majority,  constituted 
from  those  who  do  not  represent  these  sectional  or  local  interests,  will 
control  and  govern  them.  A  free  people  cannot  submit  to  such  a  Gov- 
ernment. And  the  more  it  enlarges  the  sphere  of  its  power,  the 
LTcater  must  be  the  dissatisfaction  it  must  produce,  and  the  weaker  it 
must  become.  On  the  confrary,  the  more  it  abstains  from  usurped 
].owers,  and  the  more  faitlifully  it  adheres  to  the  limiuitions  of  the 
CooAtitution,  the  stronger  it  is  made.     The  Northern  people  have  had 


472  APPENDIX  TO  THE 

neither  the  wisdom  nor  the  faith  to  perceive,  that  to  observe  the  liau- 
tations  of  the  Constitution  was  the  only  way  to  its  perpetuity. 

Under  such  a  Government,  there  must,  of  course,  be  many  and  end- 
less "  irrepressible  conflicts,"  between  the  two  great  sections  of  the 
Union.  The  same  faithlessness  which  has  abolished  the  Constitution 
of  the  United  States,  will  not  fail  to  carry  out  the  sectional  purposes 
for  which  it  has  been  aboli.slicd.  Tliore  must  be  conflict;  and  the 
weaker  section  of  the  Union  can  only  find  peace  and  liberty  in  an  in- 
dependence of  the  North.  The  repeated  efforts  made  by  Fouth  Caro- 
lina, in  a  wise  conservatism,  to  arre^^t  the  progress  of  the  General  (lov- 
ernment  in  its  fatal  progress  to  consolidation,  have  been  unsupported, 
and  she  has  been  denounced  as  faithless  to  the  oblications  of  the  Con- 
stitution, by  the  very  men  and  States,  who  were  destroying  it  by  their 
usurpations.  It  is  now  too  late  to  reform  or  restore  the  Government  of 
the  United  States.  All  confidence  in  the  North  is  lost  by  the  South. 
The  faithlessness  of  the  North  for  half  a  century,  has  opened  a  gulf  of 
separation  between  the  North  and  the  South  which  no  promises  nor 
engagements  can  fill. 

It  cannot  be  believed,  that  our  ancestors  would  have  assented  to  any 
utrton  whatever  with  the  people  of  the  North,  if  the  feelings  and 
opinions  now  existing  amongst  them,  had  existed  when  the  Constitution 
was  framed.  There  was  then  no  tariff — no  fanaticism  concerning  ne- 
groes. It  was  the  delegates  from  New  England  who  proposed  in  the 
Convention  which  framed  the  Constitution,  to  the  delegates  from  South 
Carolina  and  Georgia,  that  if  they  would  agree  to  give  Congress  the 
power  of  regulating  commerce  A//  a  ma/'oritj/,  that  they  would  support 
the  extension  of  the  African  Slave  Trade  for  twenty  years.  African 
slavery  existed  in  all  the  States  but  one.  The  idea  that  the  Southern 
States  would  be  made  to  pay  that  tribute  to  their  northern  confederates' 
which  they  had  refused  to  pay  to  (xroat  IJrilain ;  or  that  the  instituiion 
of  African  slavery  would  be  made  the  grand  basis  of  a  sectional  organi- 
zation of  the  North  to  rule  the  South,  never  crossed  the  imaginations 
of  our  ancestors.  The  Union  of  the  Constitution  was  a  Union  of  slave- 
holding  States.  It  rests  on  slavery,  by  prescribing  a  representation  in 
Congress  for  three-fifths  of  our  slaves.  There  is  nothing  in  the  pro- 
ceedings of  the  Convention  which  framed  the  Constitution,  to  show 
that  the  Southera  States  would  have  formed  any  other  Union  ;  and 
still  less,  that  they  would  have  formed  a  Union  with  more  powerful 
non-slaveholding  States,  having   majority  in  both  branches  of  the  Leg- 


FIRST  SESSION.  473 

islature  of  the  Government.  They  were  guilty  of  no  such  folly.  Time 
and  the  projjress  of  things  have  totally  altered  the  relations  between  the 
Northern  and  Southern  States,  since  the  Union  was  established.  That 
identity  of  feelings,  interests  and  institutions  which  once  existed,  is 
gone.  They  are  now  divided,  between  agricultural  and  manufactur- 
ing, and  commercial  States;  between  slaveholding  and  non  slavchold- 
ing  States.  Their  institutions  and  industrial  pursuits  have  made  them 
totally  different  peoples.  That  equality  in  the  Government  between 
the  two  sections  of  the  Union  which  once  existed,  no  longer  exists. 
We  but  imitate  the  policy  of  our  fathers  in  dissolving  a  union  with 
non-slaveholding  confederates,  and  seeking  a  confederation  with  slave- 
Jiolding  States. 

Experience  has  proved  that  slaveholding  States  cannot  be  safe  in 
subjection  to  non-slaveholding  States.  Indeed,  no  people  can  ever  ex- 
pect to  preserve  its  rights  and  liberties,  unless  the«e  be  in  its  own 
custody.  To  plunder  and  oppress,  where  plunder  and  oppression  can 
be  practiced  with  imnunity,  seems  to  be  the  natural  order  of  things. 
The  fairest  portions  of  the  world  elsewhere,  have  been  turned  into 
wildernesses,  and  the  most  civilized  and  prosperous  communities  have 
been  impoverished  and  ruined  by  anti-slavery  fanaticism.  The  people 
of  the  North  have  not  left  us  in  doubt  as  to  their  designs  and  policy. 
United  as  a  section  in  the  late  Presidential  election,  they  have  elected 
as  the  exponent  of  their  policy,  one  who  has  openly  declared  that  all 
the' States  of  the  United  States  must  be  made/ree  States  or  slave  Slates. 
It  is  true,  that  amongst  those  who  aided  in  his  election,  there  are 
•various  shades  of  anti-slavery" hostility.  But  if  African  slavery  in  the 
Southern  States  be  the  evil  their  political  combination  aflSrms  it  to  be, 
the  retjuisitions  of  an  inexorable  logic  must  lead  them  to  emancipation. 
If  it  is  right  to  jireclude  or  abolish  slavery  in  a  Territory,  why  should 
it  be  allowed  to  remain  in  the  States?  The  one  is  not  at  all  more  un- 
constitutional than  the  other,  according  to  the  decisions  of  the  Supreme 
('ourt  of  the  United  States.  And  when  it  is  considered  that  the 
Northern  States  will  soon  have  the  power  to  make  that  Court  what  they 
please,  and  that  the  Constitution  never  has  been  any  barrier  whatever 
to  their  exercise  of  power,  what  check  can  there  be,  in  the  unrestrained 
counsels  of  the  North,  to  emancipation  ?  There  is  sympathy  in  a.<5so- 
ciation,  which  carries  men  along  without  principle;  but  when  there  is 
principle,  and  that  principle  is  fortiBcd  by  long  existing  prejudices 
and  feelings,  association  is  omnipotent  in  party  influences.  In  spite  of 
all  disclaimers  and  professions,  there  can  be  but  one  end  by  the  aub- 
60 


474  APPENDIX  TO  THE 

mission  of  the  South  to  tlie  rule  of  a  sectional  anti-slavery  government 
at  Washington  j  and  that  end,  directly  or  indirectly,  must  be — the 
emancipation  of  the  slaves  of  the  South.  The  hypocrisy  of  thirty 
years — the  faithlessness  of  their  whole  course  from  the  commencement 
of  our  union  with  them,  show  that  the  people  of  the  non-slaveholdiug 
North  are  not  and  canuot  be  safe  associates  of  the  slaveholdiug  South, 
under  a  common  Government.  Not  only  their  fanaticism,  but  their 
erroneous  views  of  the  principles  of  free  Governments,  render  it  doubt- 
ful whether,  if  separated  from  the  South,  they  can  maintain  a  free 
Government  amongst  themselves.  Numbers,  with  them,  is  the  great 
element  of  free  Government.  A  majority  is  iufaliible  and  omnipotent. 
"The  right"  divine  to  rule  iu  kings,"  is  only  transferred  to  their 
majority.  The  very  object  of  all  Constitutions,  iu  free  popular  Govern- 
ment, is  to  restrain  the  majority.  Constitutions,  therefore,  according 
to  their  theory,  must  be  must  unrighteous  inventions,  restricting  liberty. 
None  ought  to  exist;  but  the  body  politic  ought  simply  to  have  a 
political  organization,  to  bring  out  and  enforce  the  will  of  the  majority. 
This  theory  may  be  harmless  in  a  small  community,  having  identity  of 
interests  and  pursuits ;  but  over  a  vast  State — still  more,  over  a  vast 
Confederacy,  having  various  and  conflicting  interests  and  pursuits,  it  is 
a  remorseless  despotism.  In  resisting  it,  as  applicable  to  ourselves,  wo 
are  vindicating  the  great  cause  of  free  Government,  more  important, 
perhaps,  to  the  world,  than  the  existence  of  all  the  United  States.  Nor 
in  resisting  it,  do  wc  intend  to  depart  from  the  safe  instrumentaHty, 
the  system  of  Government  we  have  established  with  them,  requires. 
In  separating  from  them,  we  invade  no  vights — no  interest  of  theirs. 
We  violate  no  obligation  or  duty  to  them.  As  separate,  independent 
States  in  Convention,  we  made  the  Constitution  of  the  United  States 
with  them  ;  and  as  separate  independent  States,  each  State  acting  for 
itself,  we  adopted  it.  South  Carolina,  acting  in  her'sovereign  capacity, 
now  thinks  proper  to  secede  from  the  Union.  She  did  not  part  with 
her  Sovereignty  in  adopting  the  Constitution.  The  last  thing  a  State 
can  be  presumed  to  have  surrendered,  is  her  Sovereignty.  Her  Sov- 
ereignty is  her  life.  Nothing  but  a  clear  express  grant  can  alienate  it. 
Inference  is  inadmissible.  Yet' it  is  not  at  all  surprising  that  those 
who  have  construed  away  all  the  limitations  of  the  Constitution,  should 
also  by  construction,  elaim  the  annihilation  of  the  Sovereignty  of  the 
States.  Having  abolished  all  barriers  to  their  omnipotence,  by  their 
faithless  constructions  in  the  operations  of  the  General  Government,  it 
is  most  natural  that  they  should  endeavor  to  do  the  same  towards  us  in 


FIRST  SESSION.  475 

the  States.  The  truth  is,  they  haviug  violated  the  express  provisions 
of  the  Constitutiou,  it  is  at  an  end,  as  a  compact.  It  is  morally  obliga- 
tory only  on  those  who  choose  to  accept  its  perverted  terms.  South 
Carolina,  deeming  the  compact  not  only  violated  in  particular  features, 
but  virtually  abol'shed  by  her  Northern  confederates,  withdraws  her- 
self as  a  party  trom  its  obligations.  The  right  to  do  so  is  denied  by 
her  Northern  confederates.  They  desire  to  establish  a  sectional  despot- 
ism, not  only  omnipotent  in  Congress,  but  omnipotent  over  the  States; 
and  as  if  to  manifest  the  imperious  necessity  of  our  secession,  they 
threaten  us  with  the  sword,  to  coerce  submission  to  their  rule. 

Citizens  of  the  slaveholding  States  of  the  United  States  !  Circum- 
stances beyond  our  control  have  placed  us  in  the  vau  of  the  great  con- 
troversy between  the  Northern  and  Southern  States.  We  would  have 
preferred  that  other  States  should  have  assumed  the  position  we  now 
occupy.  Independent  ourselves,  we  disclaim  any  design  or  desire  to 
lead  the  counsels  of  the  other  Southern  States.  Providence  has  cast 
our  lot  together,  by  extending  over  us  an  identity  of  pursuits,  interests 
and  institutions.  South  Carolina  desires  no  destiny  separated  from 
yours.  To  be  one  of  a  great  Slaveholding  Confederacy,  stretching  its 
arms  over  a  territory  larger  than  any  power  in  Europe  possesses — with 
a  population  four  times  greater  than  that  of  the  whole  United  States 
when  they  achieved  their  independence  of  the  British  Empire — with 
productions  which  make  our  existence  more  important  to  the  world 
than  that  of  any  other  people  inhabiting  it — with  common  institutions 
to  defend,  and  common  dangers  to  encounter — we  ask  your  sympathy 
and  confederation.  Wliilst  constituting  a  portion  of  the  United  States, 
it  has  been  your  statesmanship  which  has  guided  it,  in  its  mighty 
strides  to  power  and  expansion.  In  the  field,  as  in  the  cabinet,  you 
have  led  the  way  to  its  renown  and  grandeur.  You  have  loved  the 
Union,  in  whose  service  your  great  statesmen  have  labored,  and  your 
great  soldiers  have  fought  and  conquered — not  for  the  material  benefits 
it  conferred,  but  with  the  faith  of  a  generous  and  devoted  chivalry. 
You  have  long  lingered  in  hope  over  the  shattered  remains  of  a  broken 
Constitution.  Conipromise  after  compromise,  formed  by  your  conces- 
sioDs,  has  been  trampled  under  foot  by  your  Northern  confederates. 
All  fraternity  of  feeling  between  the  North  and  the  South  is  lost,  or  has 
been  converted  into  hate;  and  we,  of  the  Soutli,  arc  at  last  driven 
together  by  the  stern  destiny  which  controls  the  existence  of  nations. 
Your  bitter  experience  of  the  faithlessness  and  rapacity  of  your  North- 
ern confederates  may  have  been  necessary  to  evolve  those  great  princi- 


476  APPENDIX  TO  THE 

plea  of  free  Government,  upon  which  the  liberties  of  the  world  depend, 
and  to  prepare  you  for  the  grand  mission  of  vindicating;  and  reestab- 
lishing them.  We  rejoice  that  other  nations  should  be  satisfied  with 
their  institutions.  Contentment  is  a  great  element  of  happiness,  with 
nations  as  with  individuals.  We  are  satisfied  with  ours.  If  they  pre- 
fer a  system  of  industry,  in  which  capital  and  labor  are  in  perpetual 
conflict^Snd  chronic  starvation  keeps  down  the  natural  increase  of 
population — and  a  man  is  worked  out  in  eight  years — and  the  law 
orduins  that  children  shall  be  worked  only  ten  hours  a  ihii/ — and  the 
eabre  and  the  bayonet  are  the  instruments  of  order — be  it  so.  •  It  is  their 
affair,  not  ours.  We  prefer,  however,  our  system  of  industry,  by  which 
labor  and  capital  are  identified  in  interest,  and  capital,  therefore,  pro- 
tects labor — by  which  our  population  doubles  every  twenty  years — by 
which  starvation  is  unknown,  and  abundance  crowns  the  land — by 
which  order  is  prcEcrved  by  an  unpaid  police,  and  many  fertile  regions 
of  the  world,  where  the  white  man  cannot  labor,  are  brought  into 
usefulness  by  the  labor  of  the  African,  and  the  whole  world  is  blessed 
by  our  productions.  All  we  demand  of  other  peoples  is  to  be  left  alone, 
to  work  out  our  own  high  destinies.  United  together,  and  we  must  be 
the  most  independent,  as  we  are  among  the  most  important,  of  the 
nations  of  the  world.  United  together,  and  we  require  no  other  in- 
strument to  conquer  peace,  than  our  beneficent  productions.  United 
together,  and  we  must  be  a  grpat,  free  and  prosperous  people,  whose 
renown  must  spread  throughout  the  civilized  world,  and  pass  down,  we 
trust,  to  the  remotest  ages.  We  ask  you  to  join  us  'in  forming  a  Con- 
federacy of  Slaveholding  States. 


FIRST  SESSION.  477 


liEPORT, 

By  Mr.  DeSaussure, 
Of  the  Committee  on  the  Address  to  theFecple  of  the  Southern  States, 

ON   THE  ADDRESS  OF   A  PORTION  OF   THE    MEMBERS    OF  TUE    GENERAL 
ASSEMBLY  OF    GEORGIA. 

The  Committee  on  the  xVddrcss  to  the  Southern  States,  to  whom  was 
referred  the  Address  of  a  portion  of  the  members  of  the  General  As- 
sembly of  Georgia  to  the  People  of  South  Carolina,  Alabama,  Missis- 
sippi and  Florida,  in  Convention  assembled,  urging  that  no  final  separ- 
ate State  action  shall  be  taken  upon  ^le  question  of  secession  from  the 
Union,  until  a  general  Convention  of  the  Southern  States  can  be  had, 
respectfully  report :  That  the  Address  was  not  received  until  just  before 
the  Ordinance  of  Secession  was  put  upon  its  passage,  and  the  with- 
drawal of  South  Carolina  from  the  Union  has  now  been  ordained. 
Nevertheless,  the  high  respect  entertained  by  this  Convention  for  the 
members  of  the  Legislature  of  our  sister  State  of  Georgia,  from  whom 
this  Address  emanated,  impels  the -Convention  briefly  testate  the  causes 
which  induced  the  passage  of  the  Ordinance. 

South  Carolina  did  not  desire  to  take  the  lead  in  secession,  bnt  her 
Legislature  being  in  session  for  the  purpose  of  appointing  Presidential 
Electors,  first  felt  the  blow  inflicted  by  the  election  of  an  enemy  to 
Southern  institutions,  elected  by  Abolition  States  upon  Abolition  issues. 
She  felt  that  her  safety  was  imperiled  ;  that  duty  to  herself  demanded 
prompt  action  as  the  only  means  of  meeting  the  impending  danger, 
and  she  called  this  Convention  to  take  the  proper  steps  to  save  the 
Commonwealth. 

The  long  continued  violations,  by  the  Federal  authority,  of  the  Con- 
stitutional compact  between  the  States,  produced,  years  ago,  earnest  and 
repeated  remonstrances  and  warnings,  not  only  from  South  Carolina, 
but  most  of  the  Southern  States.  These  remonstrances  were  unheeded, 
until  at  length  this  State  was  driven  to  take  vigorous  measures  for 
redress.  ^Vhcn  it  was  found  she  would  no  longer  submit,  a  compro- 
mise was  off"ered  and  accepted.  How  long  its  terras  were  observed,  let 
the  records  of  the  country  attest.     The  threatened  storm  being  averted 


APPENDIX  TO  THE 

• 

the  bad  faith  of  our  Northern  associates  speedily  displayed  itself  in 
renewed  efforts  to  plunder  the  South. 

When  a  successful  war  brought  us  accessions  of  territory,  these  were 
grasped  by  our  unscrupulous  allies,  and  monopolized,  to  the  entire 
exclusion  of  Southern  men  with  their  property. 

The}'  have  taken  possession  of  nearly  all  the  Territories,  and  inso- 
lently proclaimed  that  there  should  be  no  more  slave  States. 

They  have  waged,  for  a  long  series  of  years,  an  unceasing  warfare 
against  the  institution  of  domestic  slavery  established  in  the  Southern 
States,  with  an  avowed  intention  to  undermine,  circumscribe  and  utterly 
overthrow  it.  And  this,  notwithstanding  that  the  existence,  as  well 
as  lawfulness  of  slavery,  were  recognized  by  them  in  the  Articles  of 
Union. 

They  have  taught  their  people  to  believe  that  slavery  is  a  sin  and  a 
cur&e,  and  that  they  are  responsible,  if  it  is  suffered  longer  to  exist. 

They  have  generated  in  the  wimple  Northern  mind  a  hatred  against 
Southern  institutions  and  Southern  men.  They  proclaimed  that  an 
irrepressible  conflict  existed  between  the  systems  of  Northern  and 
Southern  hibor,  and  that  one  or  the  other  must  go  down  ;  and  at  length 
defiantly  and  e.xultini;ly  declared  that  the  battle  was  won. 

The  fruits  of  this  ncfaiious  warfare  were  at  length  displayed  in  the 
armed  invasion  of  one  of  the  States  by  some  of  their  infatuated  dupes, 
and  by  conflagrations  and  poisonings  in  other  States.  The  orderly  and 
contented  slave  population  of  the  South  at  length  became  agitated  and 
restless.  A  feverish  feeling  pervaded  the  Southern  mind,  and  for  the 
first  time  a  sense  of  insecurity  began  to  be  felt,  the  necessary  result  of 
these  diabolical  machinations. 

And  these  injuries  were  inflicted,  not  by  a  public  enemy,  but  by 
citizens  of  States  bound  to  us  by  a  solemn  compact,  the  avowed  object 
of  which  was  to  insure  domestic  trau(iuillity. 

As  citizens  of  the  United  States,  and  under  cover  of  their  Constitu- 
tional privilege,  they  had  access  to  our  homes,  and  there  endeavored 
to  diffuse  their  deadly  poison.     This  they  had  been  taught  to  regard  as 

a  duty. 

The  peace,  safety,  and  honor  of  South  Carolina  required  imperatively 
that  she  should  no  longer  continue  in  alliance  with  a  people  thus  faith- 
less to  their  Constitutional  obligations. 

From  men  whom  no  treaty  could  bind,  she  held  it  idle  to  ask  for 
additional  guaranties,  and  resolved,  with  unparalleled  unanimity,  to 
separate  herself  from  them. 


FIRST  Session.  479 

Some  of  the  members  of  the  Georgia  Legislature  have  urged  that 
final  State  action  be  deferred  until  a  meeting  of  the  Southern  States 
can  be  had,  to  confer  together  for  our  common  safety ;  but  simultane- 
ously we  have  received  from  Alabama,  Mississippi  and  from  Georgia, 
commuuications  urging  immediate  and  final  action  as  indispensable  to 
the  safety  of  the  entire  South.  These  communications  are  from  sources 
entitled  to  our  utmost  respect. 

If  a  conference  of  the  Southern  States  is  had,  it  can  have  but  two  ob- 
jects :  one  to  patch  up  a  hollow  truce  with  aiiti-slavory,  which  denounces 
our  institution  as  a  crime,  and  which  will  hold  all  the  power  of  the 
Government  in  all  its  departments  in  all  time  to  come;  the  other  to 
concert  measures  for  final  separation,  and  for  the  formation  of  a  South- 
ern Confederacy. 

South  Carolina  has  ordained  her  separation  from  the  Federal  Union. 
This  she  has  done  under  a  high  sense  of  the  responsibilities  which 
attach  to  her,  and  her  relations  to  her  Southern  sister  States.  Having 
weighed  the  consequences,  she  has  resolved  to  go  out  of  the  Union 
alone,  sooner  than  submit  to  the  open  as  well  as  secret  warfare  carried 
on  against  her  peace  and  safety.  The  other  object  of  a  Southern  Con- 
ference— the  formation  of  a  Southern  Confederacy,  she  anxiously 
desires,  and  most  cordially  invites. 

The  Committee  submit  the  following  resolution  : 

Resolved,  That  a  copy  of  this  report  be  transmitted  by  the  President 
to  the  Honorable  John  13illups,  President  of  a  meeting  of  a  portion  of 
the  members  of  \\\q  General  Assembly  of  Georgia. 

W.  F.  DeSAUSSURE, 

On  behalf  of  the  Committee. 
December  22,  1860. 


4S0  APPENDii  TO  THE 


REPORT  AND  RESOLUTIONS 

From  the    Committee  on  Relations  vifh   the   SfdvcholJint/    iSfates,  pro- 
viding/or Commixsioncrs  to  such  States. 

The  (^mmittee  oti  "  Relations  with  the  Slaveholdinf:  States  of  North 
Aiucrica,"  beg  leave  to  report,  that  they  have  carefully  considered  the 
three  several  propositions  contained  in  the  resolutions  referred  to  them, 
which  were  submitted  in  Convention  by  three  several  members  from  St. 
Philip's  and  St.  Michael's.  All  the  ra^olutioiis  referred  to  the  Com- 
mittee look  to  the  purpose  of  Confederate  relations  with  our  sister 
States  of  the  South,  having  common  interests  with  us,  and  every  cause, 
as  we  trust,  to  indulge  towards  us  common  sympathies  and  to  contract 
cordial  relations.  In  such  a  purpose  tlie  Committee  entirely  and  unani- 
mously concur,  and  they  recommend  that  every  proper  measure  bo 
adopted  to  accomplish  such  an  end.  Upon  this  subject  so  much  una- 
nimity prevails  and.  has  long  prevailed  in  this  State,  that  an  argument 
thereupon  would  be  wholly  superffuous.  All  seem  to  agree  that  the  first 
step  proper  to  be  taken  for  the  purpose  of  promoting  and  securing  the 
Confederation  we.  seek,  is  the  appointment  of  Commissioners,  by  the 
authority  of  this  Convention,  to  such  States  of  the  South  as  may  call 
Conventions  to  consider  and  determine  their  future  political  relations. 
•  The  Committee  advise  that  suvh  steps  be  taken  by  this  Convention, 
hoping  and  believing  that  our  sister  States  of  the  South  will  correctly 
interpret  our  action  in  taking  the  initiative  as  arising,  by  no  means, 
from  any  presumpluDUs  arrog-.mce,  but  from  the  advance  position  which 
circumstajces  have  given  to  this  State  in  the  line  of  procedure  for  the 
<'reat  design  of  maintaining  the.  rights,  the  security  and  the  very  exist- 
ence of  the  slaveholding  South. 

It  has  been  a  subject  of  anxious  consideration  with  the  Committee 
whether  the  Commissioners,  whose  appointment  they  recommend, 
should  be  instructed  to  tender  any  basis  of  a  temporary  or  Provisional 
Government  to  the  States  to  which  they  may  be  accredited. 

The  Instrument  called  the  Con.xtitution  of  the  United  States  of 
America  has  been  suggested  as  a  suitable  and  proper  basis  to  be  offered 
for  a  Provisional  Government. 


FIRST  SESSION.  481 

This  suggestion  has  been  coniniended  to  the  Committee  by  various 
considerations,  which  cannot  now  be  set  forth  in  full  or  at  large. 
Among  these  are : 

That  the  said  instrument  was  the  work  of  minds  of  the  first  order  in 
strength  and  accumplishnignt. 

That  it  was  most  carefully  constructed  by  comprehensive  views  and 
careful  examination  of  details. 

That  experience  has  proved  it  to  be  a  good  form  of  government  for 
those  sufficiently  virtuous,  intelligent  and  patriotic  to  cause  it  to  be 
fairly  and  honestly  construed  and  impartially  administered. 

That  the  settled  opinion  of  this  State  has  never  bgen  adverse  to  that 
plan  of  Government  of  Confederated  States  on  account  of  anything  in 
its  structure;  but  ti.e  dissatisfaction  is  attributable  to  the  false  glosses, 
and  dangerous  misinterpretation,  and  perversion  of  sundry  of  its  pro- 
visions, even  to  the  extent,  in  one  particular,  of  so  covering  up  the 
real  purposes  of  certain  legislation  (meant  to  protect  domestic  nranu- 
factures  in  one  section),  as  to  estop  the  Supreme  Court,  in  its  opinion, 
from  judicially  perceiving  the  real  design. 

That  it  presents  a  complete  scheme  of  confederation,  capable  of  being 
speedily  put  into  operation  ;  familiar,  by  long  acquaintance,  with  its 
provisions,  and  their  true  import  to  the  people  of  the  South,  many  of 
whom  are  believed  to  cherish  a  degree  of  veneration  for  it,  and  would 
feel  safe  under  it,  when  in  their  own  hands,  for  interpretation  and  ad- 
ministration, especially  as  the  portions  that  liave  been,  by  perversion, 
made  potent  for  mischief  and  oppression  in  the  hands  of  adverse  and 
inimical  interests,  have  received   a  settled  construction    by  the  South. 

That  a  speedy  confederation  by  the  South  is  desirable  in  the  highest 
degree,  which  it  is  supposed  must  be  temporary  at  first  (if  accom- 
plished as  soon  as  it  should  be),  and  no  better  basis  than  the  Constitu- 
tion of  the  United  States  is  likely  to  be  suggested  or  adopted  for 
temporary  purposes. 

That  the  tpinions  of  those  to  whom  it  is  designed  to  offer  it,  would 
be  conciliated  by  the  testimony  the  very  act  itself  would  carry,  that 
South  Carolina  meant  to  seek  no  selfish  advantage,  nor  to  indulge  the 
least  .'spirit  of  dictation. 

That  Buch  form  of  government  is  more  or  less  known  to  Europe,  and, 
if  adopted,  would  indicate  abroad  that  the  seceding  Southern  States  had 
the  foresight  and  energy  to  put  into  operation  forthwith  a  scheme  of 
government  and  administration  competent  to  produce  a  ]»rompt  organi- 
zation for  internal  necessities,  and  a  sufficient  protection  of  foreign 
Gl 


482  APPENDIX  TO  THE 

cnmraerce  directed  hither,  as  well  as  to  jruarantee  foreign  powers  in 
the  confidence  that  a  new  Confederacy  had  immediately  arisen,  quite 
adequate  to  supersede  all  the  evils,  internal  and  external,  of  a  partial 
or  total  interregnum. 

That  its  speedy  adoption  would  work  hapjoily  as  a  revivifying  agency 
in  ratitters  financial  and  commercial,  between  the  States  adopting  it, 
and  between  them  as  a  united  power  and  foreign  commercial  nations,  and 
at  the  same  time  would  combine  without  delay  a  power  touching  purse 
and  sword,  that  might  bring  to  a  prudent  issue  the  reflections  of  those 
who  may  perchance  be  contemplating  an  invasion,  or  to  an  issue  disas- 
trous to  them,  tl\ft  attempted  execution  of  such  unholy  design. 

Such  are  some  of  the  considerations,  very  rapidly  stated,  which 
adSress  themselves  to  this  subject.  It  is  contended  that  some  limita- 
tion of  the  power  to  levy  duties,  and  that  to  regulate  commerce  (and 
perhaps  other  provisions  of  the  said  Constitution),  may  be  desirable, 
and  are  in  fact  so,  to  some  of  the  Committee,  yet  these  luodifications 
may  be  safely  left  to  a  period  when  the  articles  of  a  permanent  govern- 
ment may  be  settled,  and  that,  meantime,  the  Constitution  referred  to 
will  serve  the  purpose  of  a  temporary  Confederation,  which  the  Com- 
mittee unite  in  believing  ought  to  be  sought,  through  all  proper  mea- 
sures, most  earnestly. 
•  It  is  also  submitted,  that  if  the  tender  of  the  said  Constitution,  even 
as  a  Provisional  Government,  should,  in  the  opinion  of  the  Conven- 
tion, be  accompanied  by  a  condition  that  it  be  subject  to  specific 
limitations,  expositions  of  ambiguities,  or  modifications,  the  Committee 
would  respectfully  refer  to  the  Convention  itself  such  matters;  and 
this  is  done,  not  because  the  Committee  would  not  willingly  consider 
and  report  upon  such  subject,  but  because  they  deem  it  due  to  the 
Convention  and  the  public  interest,  that  they  should  now  lay  before 
the  Convention  the  substantial  propositions  contained  in  the  following 
resolutions,  which  the  majority  of  the  Committee  recommend  to  the 
Convention  as  fit  to  be  adopted,  viz  : 

Resolved,  First,  That  this  Convention  do  appoint  a  Conunissioner  to 
proceed  to  each  of  the  Slaveholding  States  that  may  assemble  in  Con- 
vention, for  the  purpose  of  laying  our  Ordinance  of  Secession  before 
the  same,  and  respectfully  inviting  their  cooperation  in  the  formation 
with  us  of  a  Southern  Confederacy. 

Second,  That  our  Commissioners  aforesaid,  be  further  authorized  to 
submit,  on  our  part,  the   Federal  Constitution  as  the  basis  of  a  Pro- 


FIJIST  SESSION.  483 

visional  Government  for  such  States  as  shall  have  withdrawn  from  their 
connection  with  the  Government  of  the  United  States  of  America : 
Provided,  That  the  said  Provisional  Government,  and  the  tenures  of 
all  oflBcers  and  appointments  arising  under  it,  shall  cease  and  determine 
in  two  years  from  the  first  day  of  July  next,  or  when  a  Permanent  Gov- 
ernment shall  have  been  organized. 

Third,  That  the  said  Commissioners  be  authorized  to  invite  the  se- 
ceding States  to  meet  in  Convention,  at  such  time  and  place  as  may 
be  agreed  upon,  for  the  purpose  of  forming  and  putting  in  motion  such 
Provisional  Government,  and  so  that  the  said  Provisional  Government 
shall  be  organized  and  go  into  effect  at  the  earliest  period  previous  to 
the  4tli  day  of  March,  ISGl,  and  that  the  same  Convention  of  the  se- 
ceding States  shall  proceed  forthwith  to  consider  and  propose  a  Consti- 
tution and  plan  for  a  Permanent  Government  for  such  States,  which 
proposed  plan  shall  be  referred  back  to  the  several  State  Conventions 
for  their  adoption  or  rejection. 

Fourth,  That  eight  Deputies  shall  bo  elected  by  ballot  by  this  Con- 
vention, who  shall  be  authorized  to  meet  in  Convention  such  Deputies 
as  may  be  appointed  by  the  other  slaveholding  States  who  may  secede 
from  the  Federal  Union,  for  the  purpose  of  carrying  into  effect  the 
foregoing  resolutions;  and  that  it  be  recommended  to  the  said  States, 
that  each  State  be  entitled  to  one  vote  in  the  said  Convention,  upon 
all  fiuestions  which  may  be  voted  upon  therein ;  and  that  each  State 
send  as  many  Deputies  as  are  equal  in  number  to  the  number  of  Sena- 
tors and  Representatives  to  which  it  was  entitled  in  the  Congress  of 
the  United  States. 

D.   F.  JAMISON,   President. 

Attest :  ti.  F.  Arthur,   Clerk. 


484  APPENDIX  TO  TFIK 


CORRESPONDENCE  RETWEKN  THE  COMMISSIONERS  OF 
THE  STATE  OF  SOUTH  CAROLINA  AND  THE  PRESI- 
DENT OF  THE  UNITED  STATES. 


[letter  of  Tin:  commissioners  to  the  tresident.] 

Wasiiinuton,  28th  December,  1860. 

Sir:  We  have  the  honor  to  transuiit  to  you  a  copy  of  the  full  pow- 
ers from  the  Conveution  of  the  People  of  South  Curulina,  uudcr  which 
we  are  "authorized  and  empowered  to  treat  with  the  Goveroment  of 
the  United  States  for  the  delivery  of  the  forts,  magazines,  light-houses, 
and  other  real  estate,  witli  their  appurteuauccs,  withiu  the  limits  of 
South  Carolina,  and  also  for  an  apportionment  of  the  public  debt,  and 
for  a  division  of  all  other  property  held  by  the  Government  of  the  United 
States  as  agent  of  the  confedcratt'd  States,  of  which  South  Carolina  was 
recently  a  member  j  and  generally  to  negotiate  as  to  all  other  measures 
and  arrangements  proper  to  be  made  and  adopted  in  the  existing  rela- 
tion of  the  parties,  and  for  the  coiitiuuauce  of  peace  and  amity  betweea 
this  Commonwealth  and  the  Government  at  Washington." 

Iq  the  execution  of  this  trust,  it  is  our  duty  to  furnish  you,  as  we 
now  do,  with  an  official  copy  of  the  Ordinance  of  Secession,  by  which 
the  State  of  South  Carolina  has  resumed  the  powers  she  delegated  to 
the  Government  of  the  United  States,  and  has  declared  her  perfect 
sovereignty  and  iudcpeudeuce. 

It  would  also  have  been  our  duty  to  have  informed  you  that  we  wero 
ready  to  negotiate  with  you  upon  all  !?uch  questions  as  are  necessarily 
raised  by  the  adoption  of  this  Ordinance,  and  that  we  were  prepared 
to  enter  upon  this  nego'Jation  with  the  earnest  desire  to  avoid  all  un- 
necessary and  iiostile  collision,  and  so  to  inaugurate  our  new  relations 
as  to  secure  mutual  respect,  general  advantage,  and  a  future  of  good 
will  and  harmony  beneficial  to  all  tlic  parties  concerned. 

But  the  events  of  the  last  twenty-four  hours  render  such  an  assur- 
ance impossible.  We  came  here  the  representatives  of  an  authority 
which  could,  at  any  time  within   the   past  sixty  days,  have  taken  pos- 


FIRST  SESSION.  485 

session  of  thefor-ts  ia  Charleston  harbor,  but  which,  upon  pledges  given 
in  a  manner  tliat  we  cannot  doubt,  determined  to  trust  to  your  honor 
rather  than  to  its  own  power.  Since  our  arrival  here  an  officer  of  the 
United  States,  acting,  as  we  are  assured,  not  only  without  but  against 
your  orders,  has  dismantled  one  fort  aud  occupied  another,  thus  alter- 
ing, to  a  most  impcrtant  extent,  the  condition  of  affairs  under  which 
we  came. 

Until  these  circumstances  are  explained  in  a  manner  which  relieves 
us  of  all  doubt  as  to  the  spirit  in  wiiich  these  negotiations  shall  be  con- 
ducted, we  arc  forced  to  suspend  all  discussion  as  to  any  arrangements 
by  which  our  mutual  interests  might  be  amicably  adjusted. 

And,  in  conclusion,  we  would  urge  upon  you  the  immediate  with- 
drawal of  the  troops  from  the  harbor  of  Charleston.  Under  present 
circumstances,  they  arc  a  'standing  menace  which  renders  negotiation 
impossible,  aud,  as  our  recent  espcrictice  shows,  threatens  speedily  to 
bring  to  a  bloody  issue  questions  which  ought  to  be  settled  with  tem- 
perance and  judgment. 

We  have  the  honor,  sir,  to  be, 
Very  respectfully. 

Your  obedient  servants, 

R.  W.  BARNWELL, 
J.  II.  ADAMS, 
JAMES  L.  ORR, 

Commissiunem. 
To  THE  President  of  the  United  States. 


[reply  of  the  president  to  the  commissioners.] 

Washinoton  City,  30th  December,  18G0. 

Gentlemen  :  I  have  the  honor  to  receive  your  communication  of 
28th  instant,  together  with  a  copy  of  your  "full  powers  from  the  Con- 
vention of  the  People  of  South  Carolina,"  authorizing  you  to  treat  with 
the  Government  of  the  United  States  on  various  important  subjects 
therein  mentioned,  and  also  a  copy  of  the  Ordinance  bearing  date  on 
the  20ih  instant,  declaring  that  "the  Union  now  subsisting  between 
South  Carolina  and  other  States  under  the  name  of  '  the  United 
States  of  America,'  is  hereby  dissolved." 

In  answer  to  this  communication,  I  have  to  say,  that  my  position  as 


486  APPENDIX  TO  THE 

President  of  the  United  States  was  clearly  defined  in  the  nicssnce  to 
Congress  of  the  3d  instant.  In  that  1  stated  that,  "apart  from  the 
execution  of  the  laws,  so  far  as  this  may  be  practicable,  the  Executive 
has  no  authority  to  decide  what  shall  be  the  reljitions  between  the 
Federal  Government  and  South  Carolina.  lie  has  been  invested  with 
no  such  discretion.  He  possesses  no  power  to  chansre  the  relations 
heretofore  existing  between  them,  much  less  to  ackuowlcdfre  the  inde- 
pendence of  that  State.  This  would  be  to  invest  a  mere  executive 
officer  with  the  power  of  rccojrnizitig  the  dissolution  of  the  confederacy 
among  our  thirty-three  sovereign  States.  It  bears  no  resemblance  to 
the  recognition  of  a  foreign  de  facto  Government — involving  no  such 
responsibility.  Any  attempt  to  do  this  would,  on  his  part,  be  a  naked 
act  of  usurpation.  It  is,  therefore,  my  duty  to  submit  to  Congress  the 
whole  question,  in  all  its  bearings." 

Such  is  my  opinion  still.  I  could,  therefore,  meet  you  only  as  pri- 
vate gentlemen  of  the  highest  character,  and  was  Entirely  willing  to 
communicate  to  Congress  any  proposition  you  might  have  to  make  to 
that  body  upon  the  subject.  Of  this  you  were  well  awai'e.  It  was  my 
earnest  desire,  that  such  a  disposition  might  be  made  of  the  whole  sub- 
ject by  Congress,  who  alone  possess  the  power,  as  to  prevent  the  in- 
auguration of  a  civil  war  between  the  parties  in  regard  to  the  posses- 
sion of  the  rcderal  Forts  in  the  harbor  of  Charleston;  and  I  therefore 
deeply. regret,  that,  in  your  opinion,  "the  events  of  the  last  twenty-four 
hours  render  this  impossible."  In  conclusion,  you  urge  upon  me  "the 
immediate  withdrawal  of  the  troops  from  the  harbor  of  Charleston," 
stating  that,  "  under  present  circum.<;tances,  they  are  a  standing  men- 
ace which  renders  negotiation  impossible,  and,  as  our  recent  experience 
shows,  tlweatens  speedily  to  bring  to  a  bh^ody  issue,  questions  which 
ought  to  be  settled  with  temperance  and  judgment." 

The  reason  fur  this  change  in  your  position  is,  that  since  your  arrival 
in  Washington,  "  an  officer  of  the  United  States,  acting  as  we  (you) 
are  assured,  not  only  without,  but  against  your  (my)  orders,  has  dis- 
mantled one  fort  and  occupied  another,  thus  altering,  to  a  njo?t  im- 
portant extent,  the  condition  of  affairs  under  which  we  (you)  came." 
You  also  allege  that  you  came  here  "  the  representatives  of  an  authority 
which  could,  at  any  time,  within  the  pa.st  sixty  days,  have  taken  pos- 
session of  the  forts  in  Charleston  harbor,  but  which,  upon  pledges 
given  in  a  Ltanner  that  we  (you)  cannot  doubt,  determined  to  trust  to 
your  (my)  honor  rather  than  to  its  own  yiowcr." 

This  brings   me   to  a  consideration   of  the  nature  of  those  alleged 


FIRST  SESSION.  487 

pledges,  and  in  what  manner  they  have  been  observed.  In  my  message 
of  the  third  of  December  last,  I  stated,  in  regard  to  the  property  of 
the  United  States  in  South  Carolina,  that  it  "  has  been  purchased  for 
a  fair  equivalent  '  by  the  consent  of  the  Legislature  of  the  State,'  '  for 
the  erection  of  forts,  magazines,  arsenals,'  &c.,  and  over  these  the  au- 
thority '  to  exercise  eSclusive  legislation'  has  been  expressly  granted 
by  the  Constitution  to  Congress.  It  is  not  believed  that  any  attempt 
will  be  made  to  expel  the  United  States  from  this  property  by  force  ; 
but  if  in  this  I  should  prove  to  be  mistaken,  the  officer  in  command  of 
the  forts  has  received  orders  to  act  strictly  on  the  defensive.  In  such 
a  contingency,  the  responsibility  for  consequences  would  riglitfully -rest 
upon  the  heads  of  the  assiiilauts."  This  being  the  condition  of  the 
parties,  on  Saturday,  8th  December,  four  of  the  representatives  from 
South  Carolina  called  on  me  and  requested  an  interview.  We  had  an 
earnest  conversation  on  the  subject  of  these  forts,  and  the  best  means 
of  preventing  a  collision  between  the  parties  for  the  purpose  of  sparing 
the  efTui^ion  of  blood.  I  suggested,  for  prudential  reasons,  that  it 
would  be  best  to  put  in  writing  what  they  said  to  me  verbally.  They 
did  so  accordingly,  and  on  Monday  morning,  the  10th  instant,  three  of 
them  presented  to  me  a  paper  signed  by  all  the  representatives  from 
South  Carolina,  with  a  single  exception,  of  which  the  following  is  a 
.copy  : 

'To  kin  Excdlenc\/y  James  Buchanan, 

r resident  of  the  United  States  : 
In  compliance  with  our  statement  to  you  yesterday,  we  now  express 
to  you  our  strong  convictions  that  neither  the  constituted  authorities, 
nor  any  body  of  the  people  of  the  State  of  Soiith  Carolina,  will  either 
attack  or  molest  the  Unitsd  States  Forts,  in  the  harbor  of  Charleston, 
previously  to  the  action  of  the  Convention,  and  we  hope  and  believe, 
not  until  an  offer  has  been  made,  through  an  accredited  representative, 
to  negotiate  for  an  amicable  arrangenient  of  all  matters  between  the 
State  and  the  Federal  Government,  provided  that  no  reinforcements 
shall  be  sent  into  those  forts,  and  their  relative  military  status  shall  re- 
maio  as  at  present. 

JNO.  McQueen, 

WM.  rORClIER  MILES, 
M.  L.  BON II AM, 
W.  W.  BOY(^E, 
LAWRENCE  M.  KEITT. 
Washington,  9th  December,  1860. 


488  APPENDIX  TO  THE 

And  here  I  niu^t,  in  justice  to  myself,  remark,  that  at  the  time  the 
paper  was  presented  to  me,  I  objected  to  the  word  "provided,"  as  it 
might  be  construed  into  an  agreement,  on  my  part,  which  I  never 
would  make.  Tluy  said  that  nothing  was  farther  from  their  intention — 
they  did  not  so  understand  it,  and  1  should  not  so  consider  it.  It  is 
evident  they  could  enter  into  no  reciprocal  agr'eeraent  with  mo  on  the 
subject.  They  did  not  profess  to  have  authority* to  do  this,  and  were 
acting  in  their  individual  character.  I  considered  it  as  nothing  more, 
in  effect,  than  the  promise  of  highly  honorable  gentlemen  to  exert  their 
influence  for  the  purpose  expressed.  The  event  has  proven  that  they 
have  faithfully  kept  this  promise,  although  I  have  never  since  received 
a  line  from  any  one  of  then),  or  from  any  member  of  the  Convention, 
on  the  subject.  It  is  well  known  that  it  was  my  determination,  and 
this  I  freely  expressed,  not  to  reinforce  the  forts  in  the  harbor,  and 
thus  produce  a  collision,  until  they  had  been  actually  attacked,  or  until 
I  had  certain  evidence  that  they  were  about  to  be  attacked.  This 
paper  I  received  most  cordially,  and  considered  it  as  a  happy  omen 
that  peace  might  still  be  preserved,  and  that  time  might  thus  be  gnined 
for  reflection.     This  is  the  whole  foundation  for  the  alleged  pledge. 

But  I  acted  in  the  same  manner  I  would  have  done  had  I  entered 
into  a  positive  and  formal  agreement  with  parties  capable  of  contract- 
ing, although  such  an  agreement  would  have  been,  on  my  part,  from 
the- nature  of  my  ofBcial  duties,  impossible. 

The  world  knows  that  I  have  never  sent  any  reinforcements  to  tho 
forts  in  Charleston  harbor,  and  I  have  certainly  never  authorized  any 
change  to  be  made  "  in  their  relative  military  status." 

Bearing  upon  this  subject,  I  refer  you  to  an  order  issued  by  the 
Secretary  of  "\V;n-,  on  the  11th  inst  ,  to  Major  Anderson,  but  not 
brought  to  my  notice  until  the  21st  instant.     It  is  as  follows  : 

"  Memorandum  of  verbal  instructions  to  Major  Anderson,  \st  Artil- 
lery, Commanding  Fort  Moidlric,  S.  C. 
You  are  aware  of  the  great  anxiety  of  the  Secretary  of  War  that  a 
collision  of  the  troops  with  the  people  of  this  State  shall  be  avoided, 
and  of  his  studied  determinatiun  to  pursue  a  course  with  reference  to 
the  military  force  and  forts  in  this  harbor,  which  shall  guard  against  such 
a  collision.  He  has,  therefore,  carefully  abstained  from  increasing  the 
force  at  this  point,  or  taking  any  measures  which  might  add  to  the  present 
excited  state  of  the  public  mind,  or  which  would  throw  any  doubt  on  the 
confidence  he  feels  that  South  Carolina  will  not  attempt  by  violence  to 


FIRST  SESSION.  489 

obtain  possession  of  the  public  works,  or  interfere  with  their  occupancy. 
IJut  as  the  counsel  and  acts  of  rash  and  impulsive  persons  may  possibly 
disappoint  these  exp?ctations  of  the  Government,  he  deems  it  proper 
that  you  should  be  prepared  with  instructions  to  meet  so  unhappy  a 
contingGucy.  He  has,  therefore,  directed  me,  verbally,  to  give  you 
such  instructions. 

You  are  carefully  to  avoid  every  act  which  would  needlessly  tend  to 
provoke  aggression  ;  and,  for  that  reason,  you  arc  not,  without  evident 
and  imminent  necessity,  to  take  up  any  position  which  could  be  con_ 
strued  into  the  assumption  of  a  hostile  attitude  ;  but  you  arc  to  hold 
possession  of  the  forts  in  this  harbor,  and,  if  attacked,  you  are  to  de- 
fend yourself  to  the  last  extremity.  The  smallncss  of  your  force  will 
uot  permit  you,  perhaps,  to  occupy  more  than  one  of  the  three  forts; 
but  an  attack  on,  or  attempt  to  take  possession  of,  either  of  them,  will 
be  regarded  as  an  act  c(f  hostility,  and  you  may  then  put  your  command 
into  either  of  them  which  you  may  deem  n.ost  proper,  to  increase  its 
power  of  resistance.  You  are  also  authorized  to  take  similar  defensive 
steps  whenever  you  have  tangible  evidence  of  a  design  to  proceed  to  a 
h').>;tilo  act 

D.  P.  BUTLER,  Assislant  Adjutant- General. 

Fort  Moultrie,  S.  C,  Dec.  11,  1860. 

This  is  in  conformity  to  my  instructions  ^o  Major  Buell. 

JOHN  B.   FLOYD,    Secretury  of  War. 

These  were  the  last  instructions  transmitted  to  Major  Anderson 
before  his  removal  to  Fort  Sumter,  with  a  single  exception  in  regard 
to  a  particular  which  does  not,  in  any  degree,  aflFect  the  present  ques- 
tion. Under  these  circumstances,  it  is  clear  that  ]^Iajor  Anderson 
acted  upon  his  own  responsibility,  and  without  authority,  unless, 
indeed,  he  had  "  tangible  evidence  of  a  design  to  proceed  to  a  hostile 
act,"  on  the  part  of  the  authorities  of  South  Carolina,  which  has  not 
yet  been  alleged.  Still,  he  is  a  brave  and  honorable  officer;  and 
justice  requires  that  he  should  uot  be  condemned  without  a  fair 
hearing. 

Be  this  as  it  may,  when  I  learned  that  Major  Anderson  had  left 
Fort  Moultrie,  and  proceeded  to  Fort  Sumter,  my  first  promptings  were 
to  command  him  to  return  to  his  former  position,  and  there  to  await 
the  contingencies  presented  in  his  instructions.  This  could  only  have 
been  done,  with  any  degree  of  safety  to^the  comuiand,  by  the  concur- 


49U  APPENDIX  TO  THE 

• 
rence  of  the  South  Carolina  authorities.  But,  before  any  steps  could 
pos&ibly  have  been  taken  in  this  direction,  we  received  information, 
dated  on  the  28th  instant,  that  ''  the  Palmetto  Hag  floated  out  to  the 
breeze  at  Castle  Pinckney,  and  a  large  military  force  went  over  last 
night  (the  27th)^to  Fort  Jloultrie."  Thus  the  authorities  of  South 
Carolina,  without  waiting  or  asking  for  any  explanation,  and  doubtless 
believing,  as  j'ou  have  expressed  it,  that  the  officer  had  acted  not  only 
without,  but  against  my  orders,  on  the  very  next  day  after  the  night 
when  the  removal  was  made,  seized,  by  a  military  force,  two  of  the 
three  federal  forts  iu  the  harbor  of  Chsrleston,  and  have  covered  them 
under  their  own  flag',  instead  of  that  of  the  United  States,  At  thi? 
glooniy  period  of  our  history,  startling  events  succeed  each  other 
rapidly.  On  the  very  day  (the  27th  in.stant)  that  possession  of  these 
two  forts  was  taken,  the  Palmetto  flag  was  raised  over  the  Federal 
(Custom  House  and  Post  Office  iu  Charleston  ;  and,  on  the  same  day, 
every  officer  of  the  Customs — Collector,  Naval  Officers,  Surveyor  and 
*  Appraisers — resigned  their  offices.  And  this,  although  it  was  well 
known,  from  the  language  of  my  message,  that,  as  an  executive  officer, 
1  felt  niy.-^elf  bound  to  collect  the  revenue  at  the  port  of  Charleston 
under  existing  laws.  In  the  harbor  of  Charleston,  we  now  find  three 
forts  confronting  each  other,  over  all  of  which  the  Federal  flag  floated 
only  four  days  ago;  but  now,  over  two  of  them,  this  flag  has  been  sup- 
planted, and  the  Palmetto  fl^ig  has  been  substituted  in  its  stead.  It  is, 
under  all  these  circumstances,  that  I  am  urged  immediately  to  with- 
draw the  troops  frouj  the  harbor  of  Charleston,  and  am  informed  that 
without  this,  negotiation  is  impossible.  This  I  cannot  do;  this  I  will 
not  do.  Such  an  idea' was  never  thought  of  by  me  in  any  possible 
contingency.  No  allusion  to  it  had  ever  been  made  in  any  com- 
munication between  myself  and  any  human  being.  But  the  infer- 
ence is,  that  1  am  bound  to  withdraw  the  troops  from  the  only  fort 
remaining  in  the  possession  of  the  United  States  in  the  harbor  of 
Charleston,  because  the  officer  then  in  command  of  all  the  forts  thought, 
proper,  without  instructions,  to  change  his  position  from  one  of  them 
to  another.     I  cannot  admit  the  justice  of  any  such  inference. 

At  this  point  of  writing,  I  have  received  information,  by  telegram, 
from  Captain  Humphreys,  in  command  of  the  Ar.senal  at  Charleston, 
"  that  it  has  to-day  ^^Sunday,  the  30th,)  been  taken  by  force  of  arms." 
It  is  estimated  that  the  munitions  of  war  belonging  to  the  United 
States  in  this  Arsenal  are  worth  half  a  million  of  dollars. 

Comment  is  needless.     Aftpr  this  information,  I  have  only  to  add, 


/  FIRST  SESSION.  491 

that^  whilst  it  is  my  duty  to  defend  Fort  Sumter,  as  a  portion  of  the 
public  property  of  the  United  States,  against  hostile  attacks  from  what- 
ever quarter  they  may  come,  by  such  means  as  I  may  possess  for  this 
pirpose,  I  do  not  perceive  how  such  a  defence  can  be  construed  into  a 
nenace  against  the  City  of  Charleston. 
With  great  personal  regard,  I  remain 

Yours,  very'  respectfully, 

JAMES  BUCHANAN. 
0  Honorable 

KoBERT  W.  BarnWt;t>., 
James  II.  Adams, 
James  L.  Orr. 


[reply  of  commissioners  to  the  president.] 

Washington,  D.  C.,  January  1st,  1861.  • 
Sir  :    AVe  have  the  honor  to  acknowledge  the  receipt  of  your  letter 
of  the  30th  December,  in  reply  to  a  note  addressed   by  us  to  you  on 
the  28th  of  the  same  month,  as  Commissioners  from  South  Carolina. 

In  reference  to  the  declaration  with  which  your  reply  commences, 
that  "your  position  ae  President  of  the  United  States  was  clearly  de- 
fined in  the  Message  to  Congress  of  the  3d  instant,"  that  you  possess 
"no  power  to  change  the  relations  heretofore  existing"  between  South 
Carolina  and  the  United  States,  "  much  less  to  acknowledge  the  inde- 
pendence of  that  State,"  and  that,  consequently,  you  could  meet  us 
only  as  private  gentlemen  of  the  highest  character,  with  an  entire  wil- 
lingness to  communicate  to  Congress  any  proposition  we  might  buvc  to 
make,  we  deem  it  only  necessary  to  say,  that  the  State  of  South  Caro- 
lina having,  in  the  exercise  of  that  great  right  of  self-government 
which  underlies  all  our  political  organizations,  declared  herself  sovereign 
and  independent,  we,  as  her  representatives,  felt  no  special  solicitude 
as  to  the  character  in  which  you  Diight  recognize  us.  Satisfied  that 
the  State  had  simply  exercised  her  unquestionable  right,  we  were  pre- 
pared, in  order  to  reach  substantial  good,  to  waive  the  formal  considera- 
tions which  your  constitutional  scruples  might  have  prevented  you 
from  extending.  We  came  here,  therefore,  expecting  to  be  received 
as  you  did  receive  us,  and  perfectly  content  with  that  entire  willingness 
of  which  you  assured  U8,  to  submit  any  proposition   to  Congress  which 


402  APPENDIX  TO  THE 

we  might  have  to  make  upon  the  subject  of  the  independence  of  the 
State.  That  willingness  was  ample  recognition  of  the  condition  of  pub- 
lic affairs  which  rendered  our  presence  uocessary.  In  this  pi)siti((n, 
however,  it  is  our  duty,  both  to  the  J^tate  which  we  represent  and  \o 
ourselves,  to  correct  several  important  misconceptions  of  our  letter,  in^j 
which  yuu.  have  fallen. 

You  say :  "It  was  my  earnest  desire  that  such  a  disposition  might  \\ 
made  of  the  whole  subject  by  Congress,  who  alone  possesses  the  powe 
to  prevent  the, inauguration  of  a  civil  war  between  the  parties  in  re 
gard  to  the  possession  of  the  Federal  forts  in  the  harbor  of  Charleston 
and  I,  therefore,  deeply  regret  that,  in  your  opinion,  'the  events  of  the 
last   twenty-four  hours    render  this    impossible.'  "     We  expressed  no 
suck  opinion;  and  the  language  which  you  quote  as  ours,  is  altered  in 
its  sense  by  the  omission  of  a  most  important  part  of  the  sentence.- 
"What  we  did  say  was — "  But  the  events  of  the  last  twenty-four  hours  , 
render  such  an  assurance  impossible."     Place  that  "assurance"  as  con- 
tained iu  our  letter,  in  the  sentence,  and  we  are  prepared  to  repeat  it. 

Again,  professing  to  (juote  our  language,  you  say  :  "Thus  the  au- 
thorities of  South  Carolina,  without  waiting  or  asking  for  any  explana- 
tion, and,  doubtless,  believing,  as  you  have  expressed  it,  that  the  offi- 
cer had  acted  not  only  without,  but  against  my  orders,"  &c.  We  ex- 
pressed no  such  opinion  in  reference  to  the  belief  of  the  people  of 
.South  Carolina.  The  language  which  you  have  quoted,  was  applied 
solely  and  entirely  to  oui-  assurance,  obtained  here,  ai»d  based,  as  you 
well  know,  upon  your  own  declaration — a  declaration  which,  at  that 
time,  it  was  impossible  for  tho  authorities  of  South  Carolina  to  have 
known.  But,  without  following  this  letter  into  all  iis  details,  we  pro- 
pose only  to  meet  tho  chief  points  of  the  argument, 

Souft  weeks  a^o,  the  State  of  South  Carolina  declared  her  intention 
in  the  existing  condition  of  public  alFairs,  to  secede  from  the  United 
States.  She  called  a  Convention  of  her  people  to  put  her  declaration 
in  force.  The  Convention  met,  and  passed  the  Ordinance  of  Secession. 
All  this  you  anticipated,  and  your  course  of  action  was  thoroughly  con- 
sidered. In  your  annual  message,  you  declared  you  had  no  right,  and 
would  not  attempt,  to  coerce  a  seceding  State,  but  thatyouwere  bound 
by  your  constitutional  oath,  and  would  defend  the  property  of  tho 
United  States  within  the  borders  of  South  Carolina,  if  an  attempt 
was  made  to  take  it  by  force.  Seeing  very  early  that  this  question  of 
property  was  a  difficult  and  delicate  one,  you  manifested  a  desire  to 
settle  it  without  collision.  "You  did  not  rci^iforce  the  garrisons  in  the 


FIRST  SESSION.  403 

• 
harbor  of  Charleston.  You  reinoved  a  distinguished  and  veteran  offi- 
cer from  the  command  of  Fort  Moultrie,  because  he  attempted  to  in- 
crease 4iis  supply  of  ammunition.  You  refused  to  send  additional 
troops  to  the  same  garrison  when  applied  for  by  the  officer  appointed 
to  succeed  him.  You  accepted  the  rcsitrnation  of  the.olde'^t  and  most 
efficient  member  of  your  Cabinet,  rather  than  allow  these  garrisons  to 
be  strengthened.  You  compelled  an  officer  stationed  at  Fort  Sumter 
to  return  inin  cdiately  to  the  Arsenal  forty  muskets  which  he  had  taken 
to  arm  his  men.  You  expressed  not  to  one,  but  to  many,  of  the  most 
distinguished  of  our  public  characters,  whose  testimony  will  be  placed 
upon  the  record  whenever  it  is  necessary,  your  anxiety  for  a  peaceful  ter- 
mination of  tills  controversy,  and  your  willingness  not  to  disturb  the  mili- 
tary status  of  the  forts,  if  Commissioners  should  be  sent  to  the  Gov- 
ernment, whose  communications  j^ou  promised  to  submit  to  Congress. 
You  received  and  acted  on  assurances  from  the  highest  official  authori- 
ties of  South  Carolina,  that  no  attempt  would  be  made  to  disturb  your 
possession  of  the  forts  and  property  of  the  United  States,  if  you  would 
not  disturb  their  existing  condition  until  Commissioners  had  bee«  sent, 
and  the  attempt  to  negotiate  had  failed.  You  took  from  the  members- 
of  the  House  of  Representatives,  a  written  memorandum  that  no  such 
attempt  should  be  made,  "  provided  that  no  reinforcements  shall  be 
sent  into  those  forts,  and  their  relative  military  status  shall  remain  as 
at  present."  And,  although  you  attach  no  force  to  the  acceptance  of 
such  a  paper  although  .you  "  considered  it  as  nothing  more  in  efi'ect 
than  the  promise  of  highly  honorable  gentlemen,"  as  an  obligation  on 
one  side,  without  corresponding  obligatioin  on  the  other,  it  must  be  re- 
membered (if  we  are  rightly  informed)  that  you  were  pledged,  if  you 
ever  did  send  reinforcements,  to  return  it  to  those  from  whom  you  had 
received  it  before  you  executed  your  resolution.  You  sent  orders  to 
your  officers,  commanding  them  strictly  to  foll;w  a  line  of  conduct  iu 
conformity  with  such  an  understanding. 

Beside  all  this,  you  had  received  formal  and  official  notice  from  the 
Governor  of  South  Carolina,  that  we  had  been  appointed  Commission- 
ers, and  were  on  our  way  to  Washington..  You  knew  the  implied  con- 
dition under  wliich  we  came;  our  arrival  was  notified  to  you,  and  an 
hour  appointed  for  an  interview.  We  arrived  in  Washington  on  Wed- 
nesday, at  three  o'clock,  and  you  appointed  an  interview  with  us  at  one 
the  next  day.  Early  on  that  day,  Thun-^day,  the  news  was  received 
here  of  the  movement  of  Major  Anderson.  Tliat  news  was  communi- 
cated to  you  immediately,  and  you  postponed  our  meeting  until  half- 


494  APPENDIX  TO  THE 

past  tWQ  o'clock,  on  Fridny,  in  order  that  you  might  consult  your 
Cabinet.  On  Friday  we  saw  you,  and  we  callod  upon  you  then  to  redeem 
your  pledge.  You  could  not  deny  it.  Witu  the  facts  we  have  stated, 
and  in  the  face  of  the  crowning  and  conclusive  fact,  that  your  Secre- 
tary of  Warhad  resigned  his  seat  in  the  Cabinet,  upon  the  publicly 
avowed  ground  that  the  action  of  Major  Anderson  had  violated  tho 
pledged  faith  of  the  Government,  and  that  unless  the  pledge  was  in- 
stantly redeemed,  he  was  dishonored;  denial  was  impossible;  you  did 
not  deny  it.  You  do  not!  deny  it  now,  but  you  seek  to  escape  from  its 
obligation  on  two  grounds:  1st,  That  we  terminated  all  negotiation  by 
demanding,  as  a  preliniinary,  the  withdrawal  of  the  United  States 
troops  from  the  harbor  of  Charleston;  and  2-d,  That  the  authorities  of 
South  Carolina,  instead  of  asking  explanation,  and  giving  you  the  op- 
portunity to  vindicate  yourself,  took  possession  of  other  property  of  the 
United  States.     We  will  examine  both. 

In  the  first  place,  we  deny  positively,  that  we  have  ever,  in  any  way, 
made  any  such  demand.  Our  letter  is  in  your  possession;  it  will 
stand  by  this  on  the  record.  In  it,  we  inform  you  of  the  objects  of  our 
mission.  We  say  tliat  it  would  have  been  our  duty  to  have  assured 
you  of  our  readiness  to  commence  negotiations  with  the  most  earnest 
and  anxious  desire  to  settle  all  questions  between,  us  amicably,  and  to 
our  mutual  advantage^  but  that  events  had  rendered  that  assurance  im- 
possible. We  stated  the-events,  and  we  said  that,  until  some  satisfac- 
tory explanation  of  these  events  was  given  us,  we  could  not  proceed, 
and  then,  having^  made  this  request  for  explanation,  we  added,  '*  and, 
in  conclu^on,  we  would  urge  upon  you  the  immediate  withdrawal  of 
the  troops  trom  the  harbor  of  Charleston.  Under  present  circumstances 
they  are  a  standing  menace,  which  renders  negotiation  impossible," 
&c.  "  Under  present  circumstances  I  "  What  circumstances?  Why, 
clearly,  the  occupation  of  Fort  Sumter,  and  the  dismantling  of  Fort 
Moultrie  by  Major  Anderson,  in  the  face  of  your  pledges,  and  without 
explanation  or  practical  disavowal.  And  there  is  nothing  in  the 
letter  which  would  or  could  iiave  prevented  you  from  declining  to 
withdraw  the  troops,  and  offering  the  restoration  of  the  status  to  which 
you  were  pledged,  if  such  had  been  your  desire.  It  would  have  been 
wiser  and  better,  in  our  opinion,  to  have  withdrawn  the  troops,  and  this 
opinion  we  urged  upon  you,  but  we  demamled  nothing  but  such  an  ex- 
planation of  the  events  of  the  last  twenty  four  hours  as  would  restore 
our  confidence  in  the  spirit  with  which  the  negotiation  should  be  con- 
ducted.    In  relation  to  this  withdrawal  of  the  troops  from  the  harbor. 


FIRST  SESSION.  495 

we  are  compelled,  however,  to  notice  one  passage  of  your  letter.  Re- 
ferring to  it,  you  say  :  "This  I  cannot  do.  This  I  will  not  do.  Such 
an  idea  was  never  thought  of  by  yie  in  any  possible  contingency.  No 
allusion  to  it  had  ever  been  made  in  any  communication  between  myself 
and  any  human  being." 

In  reply  to  this  statement  we  are  compelled  to  say,  that  your,  con- 
versation with  us  left  upon  our  minds  the  distinct  impression  that  you 
did  seriously  contemplate  the  withdrawal  of  the  troops  from  Charleston 
harbor.  And,  in  support  of  this  impression,  we  would  add  thjft  we 
have  the  positive  assurance  of  gentlemen  of  the  highest  possible  public 
reputation,  and  the  most  unsullied  integrity — men  whose  name  and 
fame,  secured  by  long  service  and  patriotic  achievement,  place  their 
testimony  beyond  cavil — that  such  suggestions  had  been  made  to,  and 
urged  upon  you  by  them,  and  had  formed  the  subject  of  more  than  one 
earnest  discussion  with  you.  And  it  was  this  knowledge  that  induced 
us  to  urge  upon  you  a  policy  which  had  to  recommend  it  its  own 
wisdom  and  the  weight  of  such  authority.  As  to  the  second  point, 
.  that  the  authorities  of  South  Carolina,  instead  of  asking  explanations, 
and  giving  3'ou  the  opportunity  to  vindicate  yourself,  took  possession 
of  other  property  of  the  United  States,  we  would  observe:  1st,  That, 
even  if  this  were  so,  it  does  not  avail  you  for  defence,  for  the  oppor- 
tunity for  decision  was  afforded  you  before  these  facts  occurred.  We 
arrived  in  Washington  on  Wednesday.  The  news  from  Major  Ander- 
son reached  here  early  on  Thursday,  and  was  immediately  communi- 
cated to  you.  All  that  day,  men  of  the  highest  consideration — men 
who  had  striven  successfully  to  lift  you  to  your  great  office — who  had 
been  your  tried  and  true  friends  through  the  troubles  of  your  adminis- 
tration— sought  you,  and  entreated  you  to  act — to  act  at  once.  They 
told  you  that  every  hour  complicated  your  position.  They  only  asked 
you  to  give  the  assurance  that,  if  the  facts  were  so — that,  if  the  Com- 
mander had  acted  without,  and  against  your  orders,  and  in'violation  of 
your  pledges,  that  you  would  restore  the  stains  you  had  pledged  your 
hcrtior  to  maintain. 

You  refused  to  decide.  Your  Secretary  of  War — your  immediate 
and  proper  adviser  in  this  whole  matter — waited  anxiously  for  your 
decision,  until  he  felt  that  delay  Vas  becoming  dishonor.  More  than 
twelve  hour.<*  passed,  and  two  Cabinet  meetings  had  adjourned  before 
you  knew  what  the  authorities  of  South  Carolina  had  done,  and  your 
prompt  decision  at  any  moment  of  that  time,  would  have  avoided  the 
subsequent  complications.     But  if  you  had  known   the  acta   of  tho 


496  APPEiNDIX  TO  TUE 

.authorities  of  South  Carolina,  should  that  have  prevented  your  keeping 
your  faith  ?  What  was  the  condition  of  tliinirs  ?  For  the  last  sixty 
days,  you  have  had  iu  Charleston  harhor,  not  force  enough  to  hold  the 
forts  against  an  equal  enemy.  Two  of  them  were  empty  ;  one  of  those 
two,  the  most  important  in  the  harhur.  It  could  have  been  taken  at 
any  time.  You  ought  to  know  better  than  any  man,  that  it  would  have 
been  taken,  but  for  the  efforts  of  those  who  put  their  trust  in  your  honor. 
iJelieving  that  they  were  threatened  by  Fort  Suiijicr  especially,  the 
people  were,  with  difficulty,  restrained  from  securing,  without  blood, 
the  possession  of  this  important  fortress.  After  many  and  reiterated 
assurances  given  on  your  behalf,  which  we  cannot  believe  unauthorized, 
they  determitjed  to  forbear,  and  in  goud  faith  sent  on  their  Commis- 
sioners  to  negotiate  with  you.  Tiicy  iiu  ant  you  no  harm  ;  wished  you 
»o  ill.  They  thought  of  you  kindly,  believed  you  true,  and  were  will- 
ing, as  far  as  was  couhistent  with  duty,  to  spare  you  unnecessary  and 
hostile  collision.  Scarcely  had  their  Commissioners  left,  than  Major 
Anderson  waged  war.  No  other  words  will  describe  his  action.  It 
was  not  a  peaceful  change  froin  one  fort  to  another;  it  was  a  hostile 
act  in  the  highest  sense — one  only  justified  in  the  presence  -of  a 
superior  enemy,  and  in  injinineut  peril.  He  abandoned  his  position, 
spiked  his  guns,  burned  hi^  gun-carriages,  made  preparations  for  the 
destruction  of  his  post,  and  withdrew,  under  'cover  of  the  night,  to  a 
safer  position.  This  was  war.  No  man  could  have  believed  (without 
your  assurance)  that  any  officer  could  have  taken  such  a  step,  "  not 
only  without  orders,  but  against  orders."  What  the  State  did,  was  in 
simple  solf-defence ;  for  this  act,  with  all  its  attending  circumstances, 
was  as  much  war  as  firing  a  volley;  and  war  being  thus  begun,  until 
those  commencing  it  explained  their  action,  and  disavowed  their  inten- 
tion, there  was  no  room  for  delay;  and,  even  at  this  moment;  while  we 
are  writing,  it  is  more  than  probable,  from  the  tenor  of  your  Jetter,  that 
reinforcements  are  hurrying  on  to  tlio  conflict,  so  that  when  the  first 
gun  shall  be  Cred,  there  will  have  been,  on  your  part,  one  continuous 
consistent  series  of  actions  commencing  in  a  demonstration  essentia41y 
warlike,  supported  by  regular  reinforcement,  and  terminating  iu  defeat 
or  victory.  And  all  this  without  the  slightest  provocation;  for,  among 
the  many  things  which  you  have  said,  there  is  one  thing  you  cannot 
say — you  have  waited  anxiously  for  news  from  the  seatof  war,  in  hopes 
that  delay  wonld  furnish  some  excuse  for  this  precipitation.  But  this 
"  tangible  evidence  of  a  design  to  proceed  to  u  hostile  act,  on  the  part 
of  the  authorities  of  South  Carolina,"  (which  is  the  only  justificutiou  of 


FIRST  SESSION.  497 

Major  Anderson,)  you  are  forced  to  admit  "  has  not  yet  been  alleged." 
But  you  have  decided.  You  have  resolved  to  hold  by  force  what  you 
have  obtained  through  our  misplaced  confidence,  and  by  refusing  to 
disavow  the  action -of  Major  Anderson,  have  converted  his  violation  of 
orders  into  a  legitimate  act  of  your  Executive  authority.  lie  the  issue 
what  it  may,  of  this  we  are  assured,  that  if  Fort  Moultrie  has  been  re- 
corded in  history  as  a  memorial  of  Carolina  gallantry,  Fort  Sumter  will 
live  upon  the  succeeding  page  as  an  imperishable  testimony.of  Caroliija 
faith. 

By  your  course,  you  have  probably  rendered  civil  war  inevitable. 
Be  it  so.  If  you  choose  to  force  this  issue  upon  us,  the  State  of  South 
Carolina  will  accept  it,  and  relying  upon  liim  who  is  the  God  of  justice 
as  well  as  the  God  of  hosts,  will  endeavor  to  perform  the  great  duty 
which  lies  before  her,  hopefully,  bravely  and  thoroughly. 

Our  mission  being  one  f«r  negotiation  and  peace,  and  your  note  leav- 
ing U3  without  hope  of  a  withdrawal  of  the  troops  from  Fort  Sumter,  or 
of  the  restoration  of  tjje  slatus  quo  existing  at  the  time  of  our  arrival, 
and  intimating,  as  we  think,  your  determination  to  reinforce  the  gar- 
rison in  the  harbor  of  Charleston,  we  respectfully  inform  you  that  we 
propose  returning  to  Charleston  on  to-morrow  afternoon. 

We  have  the  honor  to  be  sir,  very  respectfully, 

Yt)ur  obedient  servants, 

R.  W.  BARN^yELL, 

J.  H.  ADAMS, 

JAMES  L.  ORR, 

Commissioners. 
To  his  Excellency  the  President 

of  tlie  United  States. 
The  last  commuDication  is  endorsed  as  follows : 

Executive  Mansion, 

3i  o'clock,  AVednesday. 
This  paper,  just  presented  to  the  President,  is  of  such  a  character 
tliat  he  declines  to  receive  it. 


ea 


498  APPENDIX  TO  THE 


S  T  A  T  1^:  M  10  N  T 

,  Of  Messrs.  Miles  and  Keitt,  of  what  transpired 
between  the  president  and  the  south 
Carolina  Delegation. 

In  compliance  with  the  request  of  the  Convention,  we  beg  leave  to 
make  the  following  statement: 

On  Saturday,  the  '8th  of  December,  several  of  the  South  Carolina 
delegation,  including  ourselves,  waited  upon  the  President.  At  this 
time,  there  was  a  growing  belief  that  reinforcements  were  on  the  eve 
of  being  sent  to  the  forts  in  Charleston  harbor.  It  was  known  that 
the  subject  was  frequently  and  earnestly  discussed  in  the  Cabinet.  It 
was  rumored  that  General  Cass  and  Mr.  Holt  were  urgent  that  rein- 
forcements should  be  sent.  Upon  our  being  announced,  the  President, 
who  was  then  in  Cabinet  Council,  came  out  to  us  in  the  ante-room- 
We  at  once  entered  into  a  conversation  upon  the  topic  which  was  so 
closely  occupying  his  thoughts  as  well  as  ours.  The  President  seemed 
much  disturbed  and  moved.  He  told  us  that  he  had  had  a  painful  in- 
terview with  the  wife  of  Major  Anderson,  who  had  come  on  from  r^ew 
York  to  see  him.  She  had  manifested  great  aflxiety  and  distress  at 
the  situation  of  her  husband,  whom  she  seemed  to  consider  in  momen- 
tary danger  of  an  attack  from  an  excited  and  lawless  mob.  The  Presi- 
dent professed  to  feel  a  deep  responsibility  resting  upon  hira  to  protect 
the  lives  of  Major  Anderson  and  his  coiuinand.  We  told  hiui  that  the 
news  that  reinforcements  were  on  their  way  to  Charleston,  would  bo 
the  .surest  means  of  provoking  what  Mrs.  Anderson  apprehended,  and 
what  he  So  much  deprecated.  We  said,  further,  that  we  did  not  be- 
lieve that  Major  Anderson  was  in  any  danger  of  such  an  attack  ;  that 
the  general  sentiment  of  the  State  was  against  any  such  proceeding, 
That,  prior  to  the  action  of  the  State  Convention,  then  only  ten  days 
off,  we  felt  satisfied  that  there  would  be  no  attempt  to  molest  the  forts 
in  any  way.  That,  after  the  Convention  met — while  we  could  not  pos- 
sibly undertake  to  say  what  that  body  would  see  Ct  to  do — we  yet 
hoped  and  believed  that  nothing  would  be  done  until  we  had  first  en- 
deavored, by  duly  accredited  Commissioners,  to  negotiate  for  a  peaceful 


FIRST  SESSION.  499 

settlement  of  all  matters,  including  the  delivery  of  the  forts,  between 
South  Carolina  and  the  Federal  Government.  At  the  same  time,  we 
again  reiterated  our  solemn  belief  that  any  change  in  the  then  existing 
condition  of  things  in  Charleston  harbor,  would,  in  the  excited  state 
of  feeling  at  home,  inevitably  precipitate  a  collision.  The  impression 
made  upon  us  was,  that  the  President  was  wavering,  and  had  not'de- 
cided  what  course  he  would  pursue.  lie  said  he  was  glad  to  have  had 
this  conversation  with  us,  but  would  prefer  that  we  should  give  him  a 
written  memorandum  of  the  substance  of  what  we  had  said.  This  we 
did  on  Monday,  the  10th.     It  was  in  these  words  : 

To  his  Excellency  JamEs  Buchanan, 

President  of  the  United  States  : 
In  compliance  with  our  statement  to  you  yesterday,  we  now  express 
to  you  our  strong  convictions  that  neither  the  constituted  authorities, 
nor  any  body  of  the  people  of  the  State  of  South  Carolina,  will  either 
attack  or  molest  the  United  States  forts  in  the  harbor  of  Charleston, 
previously  to  the  action  of  the  Convention,  and  we  hope  and  believe 
not  until  an  offer  has  been  made,  through  an  accredited  representative, 
to  negotiate  for  an  amicable  arrangement  of  all  matters  between  the 
State  and  the  Federal  Governmen-t,  provided  that  no  reinforcements 
shall  be  sent  into  those  forts,  and  their  relative  military  status  shall 
remain  as  at  present. 

JOHN  McQueen, 

WM.  PORCIIER  MILES, 
M.  L.  BONHAM, 
W.  W.  BOYCE, 
LAWRENCE  M.  KEITT. 
Washington,  9th  December,  18G0. 

The  President  did  not  like  the  word  "  provided,"  because  it  looked 
as  if  we  were  binding  him  while  avowing  that  we  had  no  authority  to 
commit  the  Convention.  We  told  him  that  we  did  not  so  understand 
it.  We  were  expressing  our  convictions  and  belief,  predicated  upon 
the  maintenance  of  a  certain  condition  of  things,  which  maintenance 
was  absolutely  and  entirely  in  his  power.  If  he  maintained  such  con- 
dition, then  we  believed  that  collision  would  be  avoided  until  the  at- 
tempt at  a  peaceable  negotiation  had  failed.  If  he  did  not,  then  we 
Bolem^nly  assured  him  that  we  believed  that  collision  must  inevitably, 
and  at  once,  be  precipitated.  lie  seemed  satisfied,  and  said  it  was  not- 
bia  intention  to  send   reinforcements,  or  make  any  change.     We  ex- 


500  APPENDIX  TO  THE 

• 

plained  to  him  what  we  meant  bj  the  words  "  relative  military  status," 
as  applied  to  the  forts ;  luentioucd  the  difference  between  Major  An- 
derson's occupying  his  then  position  at  FoH  Moultrie,  and  throwing 
himself  into  Fort  Sumter.  We  stated  that  the  latter  step  would  be 
equivalent  to  reinforcing  the  garrison,  and  would  just  as  certainly  as 
the  sending  of  fresh  troops,  lead  to  the  result  which  we  both  desired 
to  avoid.  When  we  rose  to  go,  the  President  said  in  substance,  "After 
all,  this  is  a  matter  of  honor  among  gcutlciuau.  I  do  not  know  that 
any  paper  or  writing  is  necessary.  We  understand  each  other."  One 
of  the  delegation,  just  before  leaving  the  room,  remarked  :  "  Mr. 
Prcfcident,  you  have  determined  to  let  things  remain  as  they  are,  and 
not  to  send  reinforcements  ;  but,  suppose  that  you  were  hereafter  to 
change  your  policy  for  an}'  reason,  what  then  ?  That  would  put  us, 
who  are  willing  to  use  our  personal  influence  to  prevent  any  attack 
upon  the  forts  before  Commissioners  are  sent  on  to  Washington, 
in  rather  an  embarrassing  position."  "  Then,"  said  the  Prej-ident, 
"  I  would  first  return  you  this  paper."  We  do  not  pretend  to  give  the 
exact  words  on  either  side,  but  we  are  sure  we  give  the  sense  of  both. 
The  above  is  a  full  and  exact  account  of  what  passed  between  the 
President  and  the  delegation.  The  President,  in  his  letter  to  our 
Commissioners,  tries  to  give  the  impresssion  that  our  "understanding" 
or  J' agreement"  was  not  a  "pledge."  We  confess  we  are  not  suf- 
ficiently versed  in  the  wiles  of  diplomacy  to  feel  the  force  of  this  "  dis- 
tinction without  a  difference."  Nor  can  we  understand  how,  in  "  a 
matter  of  honor  among  gentlemen,"  in  which  "  no  paper  or  writing 
is  necessary,"  the  very  party  who  was  w'illing  to  put*  it  on  that  high 
footing  can  honorably  descend  to  mere  verbal  criticism,  to  purge  him- 
self of  what  all  gentlemen  and  men  of  honor  must  eopsider  a  breach 
of  faith.  The  very  fact  that  we  (the  Representatives  from  South 
Carolina)  were  not  authorized  to  commit  or  "pledge"  the  State,  were 
not  trealitig  with  the  President  as  accredited  ministers,  with  full 
powers,  but  as  gentlemen,  assuming,  to  a  certain  extent,  the  delicate 
t;isk  of  undertaking  to  foreshadow  the  course  and  policy  of  the  State, 
should  have  made  the  President  the  more  ready  to  strengthen  our 
hands  to  bring  about  and  carry  out  that  course  and  policy  which  ho 
profcs.sed  to  have  as  much  at  heart  as  wc  had.  While  we  were  not 
authorized  to  say.  tliat  the  Convention  would  not  order  the  occupation 
of  the  forts  immediately  after  secession,  and  prror  to  the  sending  on  of 
Comiiiissioners,  the  President,  as  Commander-in-chief  of  the  Army 
aud  Navy  of  the  United  States,  could  most  positively  say,  that.sg  long 


FIRST  SESSION.  ^  501 

as  South  Carolina  abstained  from  attacking  and  seizing  the  forts,  he 
would  not  send_reinforceiuents  to  them,  or  allow  their  relative  military 
status  to  be  changed.  We  were  acting  in  the  capacity  of  gentlemen 
holding  certain  prominent  positions,  and  anxious  to  exert  such  influ- 
ence as  we  might  possess  to  eflPect  a  peaceful  solution  of  pending  politi- 
cal difficulties,  and  prevent,  if  possible,  the  horrors  of  war.  The 
President  was  acting  in  a  double  capacity;  not  only  as  a  gentleman, 
whose  influence  in  carrying  out  his  share  of  the  understanding,  or 
agreement,  was  potential,  but  as  the  head  of  the  army,  and,  therefore, 
having  the  absolute  control  of  the  whole  matter  of  reinforcing  or  trans- 
ferring the  garrison  at  Charleston.  But  we  have  dwelt  lung  enough 
upon  this  point.  Suffice  it  to  say,  that  considering  the  President  gis 
bound  in  honor,  if  not  by  treaty  stipulations,  not  to  make  any  change 
in  the  forts,  or  to  send  reinforcements  to  them,  unles>*they  were  attacked; 
we  of  the  delegation  who  were  elected  to  the  Conveiitioti,  felt  equally 
boun'd  in  honor  to  do  every  thing  on  our  part  to  prevent  any  prema- 
ture collision.  This  Convention  can  bear  us  witness  as  to  whether  or 
not  we  endeavored  honorably  to  carry  out  our  share  of  the  agreement. 

The  published  debates  at  the  very  commencement  of  the  session, 
contain  the  evidence  of  our  good  faith.  We  trusted  the  President.  We 
believed  his  wishes  concurred  with  his  policy,  and  that  both  were 
directed  to  avoiding  any  inauguration  of  hostilities.  We  were  con- 
firmed in  our  confidence,  and  reassured  in  our  belief  by  a  significant 
event  which  took  place  subsequent  to  our  interview.  lie  allowed  his  • 
premier  Cabinet  oflScer,  an  old  and  tried  friend,  to  resign,  rather  than 
yield  to  his  solicitations  for  the  reinforcement  of  the  garrison  at  Charles- 
ton. We  urged  this  as  a  convincing  proof  of  his  firmness  and 
sincerity.  But  how  have  we  been  deceived!  The' news  of  Major 
Audcrson's  corip  produced  a  sudden  and  unexpected  change  in  the 
President's  policy.  '  While  declaring  that  his  withdrawal  from  Fort 
Moultrie  to  Fort  Sumter  was  "  without  orders,  and  contrary  to 
orders,"  he  yet  refused,  for  twelve  hours,  to  take  any  action  in  the 
matter.  For  twelve  hours,  therefore,  without  any  excuse,  he  refused 
to  redeem  his  plighted  word.  No  subsequent  acts  on  the  part  of  our 
State — no  after  reasons — can  wipe  away  the  stain  which  he  sufl^cred  to 
rest  upttn  his  "honor  as  a  gentleman,"  while  those  ho«rs,  big  with 
portentous  events,  rolled  slowly  by.  His  Secretary  of  War,  impatient 
of  a  delay,  every  moment  of  which  he  felt  touched  his  own  honor, 
resigned.  He  did  so  solely  on  the  ground  that  the  faith  of  the  Gov- 
eiumcnt — soletnnly  pledged — was  broken,  if  it  failed  promptly  to  undo 


502  APPENDIX  TO  THE 

what  had  been  done  contmry  to  ita  wishes — against  ita  Milled  policy — 
and  in  violation  of  its  distinct  agrecmonL  The  President  accepted  his 
rcsifrnation  without  comment.  Ho  did  not  attempt  to  disabuse  the 
mind  uf  his  Secretary  as  to  what  was  the  true  position  of  the  Govern- 
ment. What  a  spectacle  docs  the  President's  vacillatinj:  and  disince- 
nuou.s  course  present  I  He  allows  one  Secretary  to  resign  rather  than 
abandon  a  policy  which  he  has  agreed  upon.  Scarcely  have  a  few  short 
weeks  elapsed,  and  he  accepts  the  resicrnation  of  another,  rather  than 
adhere  to  that  very  policy.  He  makes  an  airreoment  with  •rentlemen 
whi<?li,  while  he  admits  that  they  have  faithfully  kept  it  on  their  part, 
he  himself  evades  and  repudiates.  And  this  he  does  rather  than  re- 
dress a  wrong — correct  an  error — what  he  himself  considers  an  error — 
committed  by  a  subordinate,  without  his  orders,  and  contmry  to  his 
Irishes  I  It  was  atleast  due  to  Mr.  I'luyd,  who,  as  one  of  his  Cabinet, 
had  oflicially  and  personally  stood  by  his  administration  from  its  very 
commencement — through  good  report,  and  through  evil  report — to  have 
explained  to  him  that  he  was,  in  the  President's  opinion,  laboring 
under  a  misapprehension.  At  least,  to  have  said  to  him,  "you  arc 
iiiist.akeu  about  this  matter — do  not  leave  nic  on  a  false  issue."  But 
no;  he  coldly,  ungraciously,  yet  promptly,  receives  the  resignation  with- 
out a  syllable  of  remonstVance,  and  thus  tacitly,  but  unequivocally, 
accepts  without  shame  the  issue  presented.  He  does  not  deny  that  the 
faith  of  his  government  is  pledged,  but  he  deliberately  refuses  to  re- 
deem it. 

W.M.    PORCIIEIl  MIT.ES, 
1. A  WHENCE  M.  KEITT. 


9 


FIRST  SESSION.  •    503 


REPORTS  OF  COxMMITTEE  ON  ACCOUNTS. 

The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
P.  B.  Glass,  for  stationery,  ask  leave  to  report,  that  they  have  examined 
the  same,  and  recommend  that  the  sum  of  fifty-one  dollars  and  sixty-two 
cents  be  paid  to  P.  B.  Glass,  being  the  amount  of  his  account. 

THOMAS  THOMSON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
E.  R.  Stokes,  for  sundry  articles  furnished,  and  services  rendered,  ask 
leave  to  report,  that  the}'  have  examined  the  same,  and  recommend  that 
E.  11.  Stokes  be  paid  the  sum  of  one  hundred  and  fifty  dollars,  the  amount 
of  his  account. 

THOMAS  THOMSON,  Chairman. 


The  Qommittce  on  Accounts,  to  wliom  was  referred  the  accounts 
of  Ilorton  k  Shepherd,  Lambert  k  Howell,  J.  E.  Snares,  E.  R. 
Cowperthwaitc,  Daniel  II.  Silcox,  and  Thomas  Aimar,  ask  leave 
to  report,  that  they  have  examined  the  same,  and  find  they  consist  of 
sundry  articles  furnished  for  the  use  of  the  Convention,  and  cash  paid 
for  labor  at  the  Hall  of  the  South  Carolina  Institute.  The  accounts 
were  properly  certified  by  the  Committee  of  Arrangements.  Your  com- 
mittee, therefore,  recommend  that  the  following  sums  be  paid  to  the 
parties  entitled  thereto,  aa  follows  : 

To  Horton  &,  Shepherd,  the  sum  of  three  dollars. 

To  I^ambert  k  Howell,  the  sum  of  one  hundred  and  ninety-sctcn 
dollars  anJ  thirty-nine  cents. 

To  J.  E.  Suarcs,  the  tnam  of  twenly-two  dollars. 

To  E.  R.  Cowperthwaitc,  the  sum  of  twenty-one  dollars. 


504    •  APPENDIX  TO  THE 

To  D.  H.  Sllcox,  the  sura  of  one  hundred  and  twenty-one  dollars. 
To  Thomas  Aimar,  the  sum  of  twenty  dollaVs  and  fifty-nine  cents. 
Respectfully  submitted, 

TUOMAS  THOMSON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
A.  J.  Burke,  for  stationery,  ask  leave  to  report,  that  they  have  ex- 
amined the  same,  and  recommend  tliat  A.  J.  Burke  be  paid  the  sUm 
of  four  dollars  and  twelve  cents,  in  full  of  his  account. 

THOMAS  THOMSON,  Chairman. 


FIRST  SESSION.  505 


REPORTS  OF  COxMMITTEE  AS  TO  DOCUMEx\TS  DIRECTED 
TO  BE  ENGROSSED. 

The  Committee  on  Engrossed  Ordinances  respectfully  report,  that 
the  following  Ordinances  have  been  engrossed  and  enrolled,  to  wit : 

1.  An  Ordinance  to  alter  the  Constitution  of  the  State  of  South  Caro- 
lina in  respect  to  the  oath  of  office. 

2.  An  Ordinance  to  make  provisional  postal  arrangements  in  South 
Carolina. 

3.  An  Ordinance  to  make  provisional  arrangements  for  the  continu- 
ance of  commercial  facilities  in  South  Carolina. 

4.  An  Ordinance  to  amend  the  Constitution  of  the  State  of  South 
Carolina  in  respect  to  the  Executive  Department. 

5.  An  Ordinance  to  alter  the  Constitution  of  the  State  of  South  Caro- 
lina by  striking  out  certain  words  in  sundry  places. 

Your  Committee  would  further  report  that  these  Ordinances,  havino- 
been  duly  signed  "by  the  President  and  attested  by  the  Clerk  of  the 
Convention,  and  the  seal  of  the  State  attached  thereto,  have  been  de- 
posited in  the  Secretary  of  State's  office. 

THOMAS  Y.  SIMONS,  Chairman. 


The  Committee  on  Engrossed  Ordinances  respectfully  report,  that 
they  have  duly  engrossed  and  enrolled: 

The  report  of  the  Committee  on  Relations  with  fhe  Slaveholdiug 
States  of  North  America,  with  the  resolutions  thereto  appended. 

Also,  the  following  Ordinances,  to  wit: 

An  Ordinance  concerning  Judicial  Powers. 

An  Ordinance  to  define  and  punish  Treason. 

An  Ordinance  concerning  powers  lately  vested  in  the  Congress  of  the 
United  States. 

An  Ordinance  concerning  Citizenship. 

That  these  having  been  duly  signed  by  the  President  and  attested  by 
the  Clerk  of  the  Convention,  and  the  seal  of  the  State  attached  thereto, 
have  been  deposited  in  the  office  of  the  Secretary  of  State  for  safe  keep- 
ing- •  • 

THOMAS  Y.  SIMONS,  Chairman. 
61 


SECOND  SESSION 


communication  from  his  exckllp]ncy  the 
govp:rnoii. 

State  of  South  Carolina,  Executive  Department, 

Charleston,  March  28,  1861. 
To  ike  President  and  Members  of  the  Convention  : 

Gentlemen  :  On  the  12th  day  of  February  last,  the  Confederate 
Government  adopted  the  following  resolution  : 

*  "  Resolwd,  That  this  Government  takes  under  its  charge  the  ques- 
tions and  difficulties  now  existing  between  several  States  of  this  Con- 
federacj'  and  the  Government  of  the  United  States,  relating  to  the 
occupation  of  Forts,  Arsenals,  Navy  Yards,  and  other  public  establish- 
ments; and  that  the  President  of  the  Congress  be  directed  to  commu- 
nicate this  resolution  to  the  Governors  of  the  States." 

And  on  the  1st  day  of  March,  the  Secretary  of  War  wrote  me  in  the 
following  language  : 

"  Under  this  Act  the  President  directs  me  to  inform  you  that  he  as- 
sumes control  of  all  the  military  operations  of  your  State,  having  refer- 
ence to,  or  connected  with,  questions  between  your  State  and  powers 
foreign  to  it. 

'*  He  also  directs  me  to  request  you  to  communicate  to  the  Depart- 
ment without  delay,  the  quantity  and  character  of  arms  and  munitions 
of  war  which  have  been  acquired  from  the  United  States,  and  which 
are  now  in  the  Forts,  Arsenals  and  Navy  Yards  of  your  State,  and  all 
other  arms  and  munitions  which  your  State  may  desire  to  turn  over  and 
make  chargeable  to  this  Government." 

The  Provisional  Government  for  the  Confederate  States  was  created 
by  your  authority,  through  delegates  appointed  to  meet  other  delegates 
from  all  the  seceding  States,  and,  therefore,  I  consider  the  acts  of  the 
Provisional  Government  as  binding  upon  South-Carolina.  By  virtue 
of  this  authority,  the  President  of  the  Confederate  Government,  on  the 
third  of  this  month,  placed  General  BeauTcgard  in  full  command  of  all 
forces  in  actual  service,  in  and  around  Charleston.  He  is  a  scientific 
and  thorough-bred  officer,  and  no  appointment  could  have  been  more 
acceptable. 


510  APPENDIX  TO  THE 

I  did  not  think  I  was  fully  authorized  to  transfer  the  enlisted  forces 
of  South  Carolina  over  to  the  Confederate  (joverninent,  because  llieir 
cnlistnicut  was  in  the  nature  of  a  contract  with  the  i;tate,  the  conditions 
of  which  could  not  be  varied,  except  by  the  authority  of  the  Conven- 
tion. 

I  have  transmitted  to  the  Secretary  of  War  of  the  Confederate  States 
a  full  and  accurate  list  of  the  officers  that  have  been  appointed  in  the 
re;^ular  enlisted  service  of  this  State,  and  took  occasion  to  say  that  I 
would  refer  the  matter  to  the  Convention  to  determine  and  lix  the  con- 
ditions upon  which  this  force  should  be  transferred  over  to  the  Confed- 
erate Government.  It  was  a  force  ruined  under  peculiar  circumstances 
uf  grout  excitement  and  peril,  and  the  officers  h^e  been  selected  with 
strict  regard,  in  most  instances,  to  military  services  heretofore  ren- 
dered in  the  late  Mexican  war,  or  in  reference  to  their  rank  and  posi- 
tion in  the  lato  United  Stuics  army. 

I  respectfully  urge,  tUerefore,  tluit  the  Convention  may  preserve  their 
rank  and  commissions,  as  far  as  pos^iiblc,  in  any  arrangement  or  trans- 
fer they  may  make  of  them  to  the  Cunfedcrate  Government.  This  force 
was  enliated  for  one  year,  and  in  any  events  that  may  arise,  it  will  re- 
quire at  least  six  hundred  men  to  garrison  the  forts  in  Charleston  har- 
bor; and  it  will  also  require  a  cumpauy  permanently  stationed  at  the 
mouth  of  Stono,  and  one  near  Georgetown  j  at  least  one,  if -not  more,  at 
and  near  IJeaufort;  in  all  eight  hundred  men.  If  there  should  be  any 
coutiuued  agitation  or  appreheu>ion  of  protracted  war,  then,  of  course, 
it  would  require  many  more.  If  the  Confederate  Government  would 
receive  this  enlisted  force  with  their  officers,  then  they  might  consti- 
tute, for  their  term  of  service,  the  permanent  garrison  force  on  the  sea- 
coast  of  South  Carolina.  We  h!ipj)eued  to  bo  the  pioneer  State  in  the 
great  movements  that  have  taken  place  in  the  last  three  mouths,  and 
this  force  was  suddenly  raised  under  circumstancesrequiriug  the  steru- 
e.^-t  character.  'J'hcy  have  served  faithfully,  and  their  General  has  beeu 
a  brave  and  meritorious  officer  in  the  I'aluatto  licgiment  through  the 
Mexican  war,  and  of  great  cxporicnce  as  Adjutant  and  Inspector  Gen- 
eral, appointed  by  the  Legislature  for  many  years.  The  other  field 
oiiiecrs  and  captains,  with  but  a  single  exception,  have  also  cither 
served  through  the  same  war,  or  been  graduates  of  West  Point,  and 
officers  in  the  United  States  Army.  It  may  then  be  said,  as  far  as  offi- 
cers aic  concerned,  to  be  as  efficient  a  force  for  the  number  as  can  bo 
obtained. 

1,  therel'orc,  u'.o<i  respectfully  urge  that  the  Convention  will  effectu- 


SECOND  SESSION.  511 

ally  guard  and  preserve  their  rights  in  any  arrangement  or  disposition 
they  may  adopt  in  reference  to  their  transfer  to  the  Confederate  Gov- 
ernment. The  hjgh-toued  and  noble  regiment,  commanded  by  Colonel 
Gregg,  was  organized  under  resolutions  adopted  by  your  body.  They 
were  called  forth  at  a  time  when  w"  expected  an  immediate  conflict  of 
arms,  and  under  the  powers  granted  me  by  the  Convention,  I  entrusted, 
to  a  great  extent,  their  formation  to  their  patriotic  and  gifted  comman- 
der. The  term  of  service  for  which  they  volunteered  was  only  six 
months,  and  I  believe  they  do  not  propose  a  longer  term  now,.unlefis 
there  should  be  some  prospect  of  a  more  general  state  of  hostilities. 
But  T  communicate  with  this  a  report  from  the  Secretary  of  AA'ar,  and 
refer  to  the  dctiiils  there  presented  for  a  more  full  account  of  the 
forces  that  have  been  employed.  I  most  cordially  adopt  that  report, 
and  recommend  its  ckar  and  tiuthful  representations  to  the  earnest 
attention  of  the  Convention. 

I  send  on,  also,  with  this,  copies  of  all  letters  that  have  passed,  in 
relation  to  the  military  forces  of  this  Stnte,  from  myself  to  the  Presi- 
dent of  the  Confederate  States,  and  the  iSecretaries  of  War  and  Navy, 
together  with  their  replies.  I  make  this  communication  in  order  that 
the  Convention  may  fully  understand  all  that  has  been, done,  and  the 
particular  interests  involved.  I  doubt  the  right  to  make  the  transfer 
of  these  forces  and  fix  the  conditions  that  may  bo  necessary,  except 
through  the  Convention. 

I  also  communicate,  with  this,  reports  from  the  different  heads  of 
Bureaus  or  Departments,  and  refer  with  great  satisfaction  to  them,  as 
not  only  showing  the  ability  and  faithfulness  with  which  each  one  of 
tbem  ha.s  administered  the  affairs  under  his  particular  charge,  but  also 
to  show,  that  if  the  Executive  has  been  at  all  successful  in  administer- 
ing the  duties  of  office,  it  was  principally  owing  to  the  very  able 
Council  with  which  he  was  surrounded.  It  was  by  a  resolution  of  the 
Convention  that  this  Council  was  appointed.  One  of  its  most  useful 
and  patriotic  members  has  been  transferred  to  the  Administration  of 
the  Confederate  Government ;  and  I  have  appointed  the  lion.  Edward 
Frost  a  member  of  the  Council  in  his  place.  It  was  required  by  the 
resolution  appointing  this  Council,  that  I  should  refer  any  nomination 
to  your  body  fo»  confirmation,  I,  therefore,  now  re?pcctiully  refer  to 
you  this  nomination  for  your  confirmation. 

It  will  be  Peen  by  the  report  from  the  Treasury  Department,  that 
our  expenditures  have  been  §040,317  (six  hundred  and  forty  thousand 
three  hundred  aud  seventeen  dollars);  of  this  amount,  $U*5,t>00  waa 


512  APPENDIX  TO  THE 

expended  by  the  Ordnance  Board.  This  includes  what  has  been  ex- 
pended for  ordnance  and  uiunitions  of  all  kinds.  As  to  all  expenses 
incurred  since  the  20th  December  last,  the  day  on  which  South  Caro- 
lina seceded  from  the  old  Confederacy,  I  take  it  for  granted  the  Gov- 
ernment of  the  Confederate  States  will  become  responsible  to  us  for  the 
amount,  as  it  was  incurred  in  defence  of  a  common  cause,  and  particu- 
larly as  the  Confederate  Government  expressly  assumed  jurisdiction  of 
all  questions  between  us  and  any  other  Governments  relating  to  defences 
and  military  operations. 

It  will  be  perceived  that,  through  a  communication  from  the  Secre- 
tary of  War  at  JNIontgomery,  I  was  particularly  requested  to  turn  over 
all  arms  and  munitions  received  from  the  Arsenal  of  the  United  States  in 
this  city,  and  also  all  other  arms  I  might  think  proper.  I  suppose  the 
ordnance  and  arms  the  State  owned  itself,  which  were  purchased  in 
1850  and  1851,  might  with  great  propriety  be  retained  by  the  State 
now  ;  as  also  some  small  arms  in  the  late  United  States  Arsenal,  essen- 
tial to  arm  our  volunteer  force  if  called  into  service,  ought  to  be  retained  ; 
but  all  ordnance  and  munitions  of  war  procured  and  purchased  recently, 
might  be  very  appropriately  turned  over  to  the  Confederate  Govern- 
ment ;  and  I  most  respectfully  call  the  attention  of  the  Convention  to 
this  subject,  as  connected  with  any  arrangement  they  might  make  in 
reference  to  the  transfer  of  our  regular  forces  to  the  Confederate 
States. 

I  herewith  transmit  the  Ordinances  and  Resolutions  of  the  different 
States  that  have  seceded,  and  would  call  attention  to  the  obvious  pro- 
priety of  providing  for  them,  together  with  our  own  Ordinance  on  the 
same  subject,  some  suitable  place  of  safe  deposit.  They  are  the  sim- 
ple, but  authentic  records  of  events  well  calculated  to  produce  a  pro- 
found impression  upon  the  future  destiny  of  our  country. 

Heretofore  in  the  history  of  the  world,  the  great  struggle  has  been 
to  secure  tlie  personal  rights  of  individuals.  In  former  times,  the 
power  of  government  absorbed  all  individual  or  personal  rights  of  citi- 
zens. But  our  English  ancestors  by  their  sturdy  virtues,  engrafted,  at 
different  periods,  such  grants  and  restrictions  upon  the  British  Constitu- 
tion, as  effectually  secured  personal  rights,  and  as  far  as  that  branch 
of  liberty  is  involved,  they  made  it  as  perfect  as  in  any  other  country. 

To  secure  the  political  rights  of  separate  and  independent  commu- 
nities, required  a  higher  and  broader  range  of  political  experience. 
The  guarantees  for  personal  rights  in  England  was  a  great  advance 
over  the  old  feudal  system  of  Europe;  and  it  was  then  left  to  the  sepa- 


'    SECOND  SESSION.  513 

rate  States  of  America  to  develop  a  higher  experience  over  a  larger 
extent  of  territory,  in  those  guarantees  neccssarj  to  secure  the  local 
rights  of  separate  and  independent  communities,  united  under  one 
common  government. 

The  old  Constitution  was  intended  to  eifect  'this  advance  in  the 
science  of  government,  and  if  it  had  been  properly  administered, 
would  have  contined  to  develop  the  mighty  resources  and  power  of  a 
wonderful  people.  But,  under  the  combination  of  ambition  with 
fanaticism,  they  attempted  to  organize  the  great  masses  of  the  people, 
so  as  to  act  together  in  a  consolidated  majority,  and  administer  the 
common  government  without  regard  to  the  sacred  guarantees  by  which 
the  local  rights  and  interests  of  separate  communities  should  be  pre- 
served under  the  absolute  control  of  their  separate  governments. 
This,  of  course,  reversed  the  whole  philosophy  of  our  peculiar  system, 
and  if  permitted  to  become  successful,  would  liave  given  us  no  advance 
over  the  European  system  of  government.  In  fact,  it  would  have 
placed  us  behind  them  in  progress,  for  many  of  their  most  enlightened 
and  powerful  governments  asserted  the  doctrine  and  acted  upon  it, 
that  governments  and  dynasties  can  be  changed  by  popular  sovereigrfty 
expressed  through  universal  suffrage,  in  independent  communities  j 
and  they  avow  this  as  a  substitute  for  the  old_  theory  of  divine  and 
hereditary  right. 

Under  our  old  articles  of  confederation  the  government  had  failed, 
and  the  Constitution  of  the  United  States  grew  out  of  the  force  of 
circumstances,  and  was  adopted  in  order  to  secure,  at  that  period,  a 
more  perfect  union  to  enable  us  to  resist  foreign  aggression.  We  have 
outgrown  that  state  of  things,  and  the  danger  lately  was  not  from 
foieign  aggression,  but  from  internal  corruption,  and  from  an  assump- 
tion in  parts  and  majorities,  of  absolute  government  over  other  parts, 
without  refence  to  the  limitations  and  reservations  of  the  compact. 
Thus,  that  Constitution  ran  its  career  and  fulfilled  its  destiny,  under 
the  perverted  and  vitiated  idea  that  we  were  a  consolidated  people. 
Under  prejudices  fostered  by  designing  men,  and  under  the  worst  pas- 
sions inflamed  by  bad  men,  an  absolute  majority  was  created,  who 
assumed  that  their  will  must  necessarily  be  the  government,  instead  of 
the  fixed  principles  of  the  Constitution,  which  were  intended  to  guard 
the  local  rights  and  interests  of  the  separate  and  independent  commu- 
nities which  composed  the  Confederacy  of  States. 

Our  t^tate,  true  to  the  great  principles  upon  which  the  Confederacy 
was  formed,  and  irue  to  those  great  and  progressive  ideas  which  were 
Go 


514  APPENDIX  TO  THE 

80  identified  with  American  Independence,  was  forced  to  resume  her 
original  powers  of  government;  and  if  she  succeeds  in  engrafting 
the  fundamental  right  of  a  separate  and  independent  State  to  with- 
draw from  any  Confederacy  that  may  be  formed,  whenever  her  people, 
in  sovereign  convention  assembled,  shall  so  decide,  then  she  will  have 
made  another  advance  in  the  science  of  government,  and  added  another 
guarantee  to  the  great  principle  of  civil  liberty.  And  if  this  princi- 
ple could  be  secured  without  an  appeal  to  arms  and  blood,  it  would 
show  that  the  country  has  progressed  in  civilization  and  intclligonce, 
so  far  as  to  be  able  to  settle  all  controversies  and  issues  involving  politi- 
caF  rights  by  an  appeal  to  reason,  to  interest,  to  free  discnssion,  to  con- 
ventions, to  treaties  and  covenants,  rather  than  by  an  appeal  to  brutal 
force. 

True,  we  have  encountered  misrepresentation  and  abuse,  and  for  a 
people  so  small  in  numbers  as  we  are,  to  make  such  an  issue  as  we  did, 
was  full  of  danger  and  difficulty. 

But  no  people  are  fit  to  be  free  unless  they  are  able  to  treat  denun- 
ciation witli  indifference  and  to  meet  danger  with  fortitude. 

From  peculiar  circumstances,  South  Carolina  was  called  on  to  take 
the  first  step  in  this  march  to  independence.  She  had  to  encounter 
the  first  shock  in  the  bitterness  and  fierce  passions  of  our  opponents. 
Those  who  had  mastered  the  power  of  the  Government,  and  were 
fondly  gazin^j  on  the  rich  and  ripe  fruit  supposed  to  be  just  within 
their  gra.sp,  naturally  exasperated  in  disappointment,  caused  by  this 
State  interposing  to  arrest  them  in  their  lawless  career  of  mad  ambition 
and  wild  fanaticism.  For  a  period  we  were  surrounded  with  great  dif- 
ficulties, and  threatened  withdanger  that  appeared  imminent. 

As  far  as  the  Executive  is  concerned,  I  always  considered  that  the 
peculiar  mission  of  thi."^  State  was,  by  a  firm  and  temperate  course,  to 
lay  the  foundation  of  a  new  Confederacy  of  States,  homogeneous  in 
feeling  and  interest,  with  such  institutions  and  domestic  civilization  as 
would  unite  them  in  one  common  destiny,  with  a  government  devoted 
to  their  peace  and  safety,  and  with  no  interest  to  produce  the  slightest 
aggression  upon  other  people;  but  deeply  interested  to  develop  those 
productions  that  are  so  largely  demanded  in  the  peaceful  pursuits  of 
mankind,  and  entering  so  largely  into  the  comforts  and  progressive 
civilization  of  the  world. 

When  this  State  first  withdrew  from  the  Federal  Union,  I  felt  that 
we  bore,  on  one  side,  critical  relations  to  the  Confederacy  we  had -left, 
and  also  very  delicate  and  peculiar  relations  to  those  slave  States  who 


SECOND  SESSION.  515 

constituted  the  border  of  the  Southern  States,  and  we  had  still  higher 
and  more  sacred  duties  and  relations  toward  our  sister  States  of  the 
South,  who  were  expected  nobly  to  come  to  our  side  in  the  formation 
of  a  new  Confederacy- 
All  these  relations  made  our  course  quite  complicated,  and  full  of 
deep  obligations.  In  administering  the  duties  of  the  Executive  office, 
I  can  truly  say  that  I  never,  for  one  moment,  lofet  sight  of  the  relations 
our  State  bore  to  all,  and  it  has  ever  been  my  endeavor,  while  sustain- 
ing her  separate  lights  and  independence,  never  to  do  anything  that 
might  show  indifierence  to  any  of  the  great  complicated  interests  and 
relations  with  which  she  was  surrounded.. 

When  your  illustrious  body  adjourned, [you  saw  the  State  standing 
alone,  surrounded  with  peril,  and  clouds  resting  upon  the  future.  I'n- 
der  the  kind  dispensations  of  a  superintending  [Providence,  I  am  now 
able  to  present  her  to  you  under  a  brighter  day,  surrounded  by  sister 
States  rich  in  their  resources,  with  their  brave  and  patriotic  sons  stand- 
ing as  a  guard  in  the  portals  of  a  new  temple,  reared  by  our  common 
councils,  and  dedicated  to  the  separate  wvere'ujnlif  of  fite  and  inde- 
pendent Staffs. 

F.  W.  PICKENS. 


)1C  APPENDIX  TO  THE 


REPORT  OF  THE  SECRETARY  OF  STATE. 

State  of  South  Carolina, 
Executive  Office,  Department  of  State, 
Charleston,  24th  March,  1861. 

Sir  :  In  obedience  to  a  resolution  of  the  Executive  Council,  I  beg 
respectfully  to  report  to  you  such  matters  transacted  in  the  department 
of  the  Executive  Council  uuder  my  charge,  as  may 'be  of  interest  to 
the  Convention. 

The  printed  series  of  Executive  Documents  which  accompany  this 
report,  will  fully  and  sufficiently  explain  the  circumstances  wiiich  in- 
duced them.  To  these,  no  more  particular  reference  is  necessary, 
than  such  as  it  may  be  proper  to  uiake  in  explanation  of  the  mission 
committed  to  the  Hon.  I.  "\V.  Hayne.  The  real  purpose  of  that  mis- 
sion was  to  determine  with  precision  the  precise  position  occupied  by 
the  Government  of  the  United  States  to  the  State  of  South  Carolina. 
The  repulse  of  the  "  Star  of  the  West"  changed,  or  rather  defined  more 
sharply,  the  former  relations  of  the  State;  and  the  communication  of 
the  commander  of  Fort  Sumter  required  that  ike  power  to  execute  a 
purpose  like  that  threatened  by  him,  should  not  be  within  the  control 
of  any  one  longer  than  was  necessary  to  accomplish  its  overthrow. 
To  demand  the  surrender  of  the  Fort  therefor«,  became  a  duty ;  and  if 
a  duty,  to  transfer  the  demand  to  the  (jiovcrnment  by  which  only  the 
transfer  could  be  ordered,  was  manifestly  proper.  In  the  prosecution 
of  the  demand,  it  was  regarded  as  fortunate  that  circumstances  not 
invited  by  the  State,  but  yet  commandiug  its  respectful  attention, 
should  have  intervened ;  and  that  these  should  have  led  to  the  exposure 
of  the  pretended  grounds,  upon  wliich  the  maintenance  of  Fort  Sumter 
was  rested  by  the  Government  of  the  United  States;  and,  at  the  same 
time,  in  a  just  deference  to  the  wishes  of  sister  States,  have  incident- 
ally iuvolved  a  delay  of  great  consequence  to  the  State  in  the  prepara- 
tion of  its  defences. 

Among  the  papers  of  this  Department  which  are  not  published,  but 
which  may  be  of  interest,  are  the  despatches  conimmiicated  to  the 
Commissioners  of  the  State  to  the  several  States,  then  about  to  secede. 
These  despatches  show  the  interest  taken    iu   the  welfare  of  that  State 


SECOND  SESSION.  517 

supposed  to  be  the  mo?t  defenceless.  The  Comiflissioner  to  Florida 
was  requested  to  give  to  that  State  the  assurance  that  its  cause  was  re- 
garded by  the  other  States  with  as  much  solicitude  as  their  own  ;  and 
that  iu  anticipation  of  the  Convention  of  the  seceding  States,  a  common 
necessity  should  induce  a  cotflmon  obligation  on  these  States  to  share 
with  each  other  the  means  of  defence,  or  the  dangers  of  attack.  The 
more  full  expression  of  these  opinions  will  be  found  in  the  copies  of 
despatches  herewith  enclosed. 

No  occasion  has  arisen,  in  which  it  was  considered  necessary,  during 
the  separate  condition  of  the  State,  to  require  distinctly  from  tho 
representative  of  any  Foreign  Power  the  recognition  of  its  political  in- 
dependence, except  in  the  case  of  the  appointment  of  a  successor  to  the 
Spanish  Consul,  at  this  port.  The  communication  then  addressed  to 
Mr.  Moncado,  will  show  the  course  pursued  in  regard  to  such  officials 
within  the  State.  Upon  the  ascertainment  of  the  fact,  that  the 
President  of  the  United  States  had  recognized  a  successor  to  Mr. 
Moncatlo,  a  letter  was  addressed  to  that  gentleman,  informing  him 
that  his  successor  would  not  be  allowed  to  exercise  his  office  within 
the  limits  of  the  State,  unless  he  would  present  his  credentials,  and  be 
recognized  by  the  Governor  of  this  State.  The  hope  was  expressed 
that  the  Consul  who  was  then  in  office  should  be  allowed  to  remain  at 
this  port.  The  letter  was  communicated  ^y  the  Spanish  Consul  to  the 
Spanish  Minister  at  Washington.  The  successor  who  was  recognized, 
has  not,  however,  appeared.  At  this  stage  of  the  correspondence,  the 
papers  were  transferred  to  the  Department  of  State  at  Montgomery. 

The  several  documents,  as  directed  by  a  resolution  of  the  Convention, 
have  been  delivered  to  the  representatives  of  Foreign  Powers,  at 
Washington.  It  was  intended  that  a  Special  Commissioner  should  be 
sent  to  the  principal  Courts  of  Europe.  But  the  meeting  of  the  Con- 
vention of  the  seceding  States  at  an  early  day,  and  other  considerations, 
also,  of  a  controlling  character,  led  to  the  conclusion  that,  under  the 
circumstances,  it  would  be  most  expedient  not  to  send  any  persons 
charged  with  that  duty. 

Respectfully,  your  obedient  servant, 

A.  G.  MAGKATH. 

for  the  Governnr. 


518  APPENDIX  TO  TUE 


REPORT  OF  THE  SECRETARY  OF  WAR. 

Executive  Office,  DefartmV.nt  of  War, 
Charleston,  S.  C,  3Iarch  25tli,  18G1. 
To  ITis  Excellency  Governor  Pickens: 

Sir:  In  compliance, with  a  resolution  of  the  Exccutfvc  Council, 
re(iuiring  the  several  heads  of  Departments  to  make  a  report  to. your 
Excellency  of  such  matters  as  may  be  necessary  to  giv'e  information  of 
the  present  condition  of  the  State,  and  of  the  policy  and  acts  of  each 
of  the  Executive  Departments,  since  the  adjournment  of  the  Conven- 
tion, I  have  the  honor  to  lay  before  you  a  brief  summary  of  what  has 
been  done  in  the  Department  with  which  I  have  been  entrusted. 

At  the  rising  of  the  C^ivention,  on  the  5th  of  January  last,  the 
important  and  almost  exclusive  subject  which  engaged  our  attention 
was  the  occupation,  by  a  hostile  force,  of  an  almost  impregnable  fortress  , 
within  our  harbor,  and  the  chief  difficulty  witii  which  we  had  to  con- 
tend, arose  from  the  extreme  want  of  every  offensive  preparation  for 
the  reduction  of  the  fort,  or  for  preventing  the  entrance  of  reinforce- 
ments within  our  waters.  The  great  want  was  the  very  insufficient 
t-upply  of  ammunition  and  imploments  for  guns  of  heavy  calibre.  Of 
cannon  powder,  27,000  lbs.  only  were  in  the  possession  of  the  State, 
and  of  this  a  considerable  quantity  had  been  sent  to  the  batteries 
erected  to  defend  the  entrances  to  the  harbors  of  Georgetown  and 
Beaufurt,*which  left  less  than  2U,000  lbs. "near  this  city,  or  not  more 
than  sufficient  to  have  kept  upa  fire  for  three  hours  on  the  day  when 
the  "  Star  of  the  West"  approached  within  our  bar.  Of  shot  and 
shell  the  supply  was  in  the  same  meagre  proportion,  except  of  24- 
pounder  shot,  which  had  been  left  at  Fort  Moultrie  when  that  fort 
was  evacuated  by  the  troops  of  the  United  States.  Added  to  thi^,  the 
guns  which  had  been  spiked,  and  the  gun  carriages  burnt,  at  Fort 
Moultrie,  had  not  been  replaced  j  not  a  battery  had  been  erected 
which  bore  on  Fort  Sumter,  and  the  approaches  to  the  harbor  were 
only  defended  by  the  uninjured  guns  at  Fort  Moultrie  and  three  24- 
pounder  guns,  mounted  en  barbette,  on  a  hastily  constructed  and  im- 
perfect earth  work,  on  Blorris*  Island. 


SECOND  SESSION.  519 

Since  the  time  mentioned,  the  supply  of  cannon  powder  has  been 
increased  to  240,450  lbs.,*  with  40,0U0  lbs.  oF  musket,  nnd  46,900 
lbs.'  of  virie  powder.  Besides  this,  a  large  quantity  of  ordnance  stores, 
as  shells,  balls,  friction  tubes,  percussion  caps,  lead,  cartridge  paper, 
cartridge  bags,  artillery,  infantry  and  rifle  equipments,  have  been 
purchased,  and  they  are  now  on  hand  or  in  the  course  of  construction 
and  manufacture,  through  the  indefatigable  labors  ofthe  Board  of  Ord- 
nance. During  the  same  period,  three  9-inch  Dahlgren  guns  and  seven 
10-incb  mortars  have  been  purchased,  together  witli.  six  hundred  and 
fifty  Enfield  rifles  and  five  hundred  Colt's  navy  revolvers. 

The  corps  of  Engineers  have  been  likewise  unremittingly  employed 
in  the  construction  %f  works  for  the  reduction  of  Fort  Sumter,  and  the 
defence  of  the  entrances  to  the  harbor.  At  Fort  Moultrie,  on  Sulli- 
van's fsland,  the  injured  guns  have  been  replaced,  and  all,  amounting 
to  thirty-eight  in  number,  of  various  calibres,  have  been  protected  by 
well  constructed  merlons;  the  magazine  has  been  made  bomb-proof, 
and  otiier  works  have  been  erected  for  the  security  ofthe  garrison.  To 
the  east  of  FortMoultrie,  on  the  same  Island,  the  entrance  to  Mafiit's 
chancel  has  been  defended  by  a  battery  of  one  8-inch  howitzer,  two 
o2-pouiiders,  and  two  24-poundors.  "  Between  that  battery  and  Fort 
JMouItrie  there  Is  a  mixed  battery  of  three  10-inch  mortars  and  two 
82-pouqdor3.  West  of  Fort  Moultrie,  at  about  fwo  hundred  yards 
distance  from  the  fort,  a  battery  of  two  10-inch  mortars  has  been 
erected;. and  an  enfilade  battery  of  two  32  and  two  24-pounders  has 
been  erected  at  a  point  of  Sullivan's  island  nearest  to  Forr  Sumter. 
Be.«Jdcs  these  on  Sullivan's  Island,  there  are  two  12-pounder  guns  and 
a  full  field-battery  of  artillery  at  Breach  inlet,  at  the  extreme  eastern 
point  of  the  Island. 

On  Morris'  Island,  at  Cuinmings'  Point,  a  battery  of  four  mortals 
has  been  erected.  Near  this,  a  battery  of  three  8-inch  columbiads, 
covered  with  heavy  timbers  and  railroad  iron.  At  the  termination  of 
the  parallel,  or  covered  way,  there  is  a  mortar  battery  of  two  mortars. 
These  all" bear  on  Fort  Sumter.  The  channel  is  defended  by  a  battery 
designated  as  battery  G,  of  two  8-inch  howitzers;  by  battery  F,  of  two 
8  inch  howitzers  and  two  42-pounders;  by  battery  E,  of  one  8-inch 
coluiubiad  ;  by  battery  D,  of  two  8-inch  columbiads ;  by  battery  C,  of 
wo  24-pounder8;  by  battery  B,  of  twa  24  pounders  ;  by  "Star  of  the 


•Tliif  drtos  not  include  S.'i.onO  lbs.  of  powder  piircha«od  at  Richmond,  as  can- 
non powder,  hilt  which  is  of  little  use  except  for  blasting  purposM. 


5i:0  APPENDIX  TO  THE 

Wefct"  battery,  of  four  24-pouncler8  ;  by  sunken  battery  of  two  9-inch 
Dahlpren  guns;  by  a  battery  at  Vinegar  Hill,  of  two  24-pounders ; 
and  by  two  24-pounders  and  two  I'i-pounders  at  Light  House  inlet. 

At  Fort  Johnson,  on  James'  Island,  there  are  two  mortar  batteries, 
of  two  10-inch  mortars  in  each,  and  one  gun  battery  of  one  24-pounder. 

At  Fort  Palmetto,  on  Cole's  Inland,  near  the  mouth  of  Stono  river, 
there  is  a  battery  of  two  24-pounders  and  two  IS-pounders. 

At  Battery  Island,  on  Stono  river,  J.jur  24-pounders  have  bceu  or- 
dered to  be  placed  in  battery. 

A  mortar  battery  of  three  mortars  is  in  the  course  of  construction 
uear  Mount  Pleasant. 

A  floating  battery,  strongly  made,  and  cased  in  front  with  iron 
plates,  has  been  constructed  to  breach  the  facade  or  Fort  Sumter,  to- 
wards James'  Island.  This  battery  bus  been  mounted  with  two  42 
and  two  o2-pounders. 

iicsides  the  above-mentioned  guns  in  position,  there  are  thirty-nine 
guns  of  diiierent  kinds  and  calibres,  at  the  Citadel,  most  of  which  are 
not  mountedj  and  there  are  four  heavy  10-inch  mortars  just  received,  • 
and  one  9inch  Dahlgren  gun  expected  momentarily  from  Richmond. 

To  man  the  different  batteries  and  fortifications  mentioned,  and  to 
prevent  the  landing  of  a  hostile  force  on  Sullivan's  and  ^iorris'  Island, 
the  troops  are  distributed  as  follows:  C)n  Sullivan's  Islands tly;re  are 
thirteen  hundred  and  ninety- four  men,  consisting  of  artillery,  in- 
fantry and  a  detachment  of  dragoons,  the  whole  under  the  oommand 
of  Brigadier  General  Dunovant.  On  Morris  Island,  there  arc  thir- 
teen hundred  and  iifty-six  men,  consisting  of  artillery  and  ipf;\ntry, 
under  the  command  of  Col.  Maxcy  Gregg.  At  Fort  Johnson 
there  are  one  hundred  enlisted  men,  under  Capt.  James;  thirty-one 
enlisted  men,  under  Lieut.  Blanding,  at  Castle  Pinckney,*  and  one 
hundred  and  forty-six  men,  composed  of  artillery  and  infantry,  under 
Capt.  Pope,  at  Fort  Palmetto,  making  in  all,  three  thousand  and 
twenty-seven  men  ;  which  force  has  been  placed  under  the  command 
of  Brigadier  General  Jieauregard,  an  oiiicer  of  the  army  ot  the  Confed- 
erate States  of  America. 

Under  the  resolution  of  the  Convention,  authorizing  your  Excellency 
"  to  receive  into  the  service  of  the  State,  for  a  period  not  exceeding 

•These  have  been  removed  since  the  last  report,  in  order  to  provide  a  tempo- 
rary station  lor  a  number  of  recruits  just  enlisteif  tor  the  uriiiy  of  llie  Confederate 

Slates. 


SECOND  SESSION.  521 

six  months,  such  Volunteer  Companies  as  may  tender  their  services," 
a  Regiment,  under  the  command  of  Col.  Maxcy  Gregpr,  was  promptly 
raised,  which  amounted  at  the  date  of  the  last  Morning's  Report,  to 
one  thousand  and  fifty-nine  men,  including  officers. 

Under  another  resolution  of  the  Convcnfion,  authorizing  your  Ex- 
cellency to  raise  a  regiment  of  enlii?tcd  men,  and  an  Act  of  the  Legis- 
lature, amending  A  resolution  of  the  Convention,  '*  creating  a  Military 
Estahlishment  for  the  State  of  South  Carolina  and  for  other  purposes," 
which  authorizes  the  raising  of  a  Regiment  of  Infantry,  a  Battalion  of 
Artillery,  and  a  Squadron  of  Cavalry,  nine  hundixjd  and  sixty  men 
have  been  enlisted,  and  are  now  on  duty,  under  the  command  of  Briga- 
dier General  R.  G.  M.  Bunovant. 

By  an  Act  of  the  Confederate  States  of  America,  entitled,  an  "Act 
to  r.iise  Provisional  Forces  for  the  Confederate  States  of  America,"  it 
is  provided  that  the  President  be  authorized  to  receive  into  the  service 
of  that  Government,  such  forces,  now  in  the  service  of  the  States,  as 
may  be  tendered,  or  who  may  voliinteer  by  consent  of  their  State,  by 
companies,  battalions  or  regiments,  for  any  time  not  less  than  one  year, 
with  power  in  the  President  of  the  Confederate  States  to  appoint  the 
officers  above  the  rank  of  Colonel.  As  this  Act  of  the  Confederate 
States  comes  in  conflict  with  certain  laws  of  the  State  of  South  Caro- 
lina, and  as  it  is  probable  that  in  any  constitutional  compact  which  this 
State  may  enter  into  with  other  States,  the  maintenance  of  troops,  in 
time  of  peace,  will  be  prohibited,  I  would  suggest  to  your  Excellency 
the  propriety  of  recommending  to  the  Convention  such  modifications  of 
our  laws  on  the  subject,  as  may  relieve  it  of  its  present  embarrassments. 

Under  "  An  Act  to  provide  an  Armed  JMilitary  Force,"  nine  Regi- 
ments of  infantry  have  been  received  and  organized  into  four  Brigades 
and  one  Division.  This  formation  does  not  include  two  Regiments 
now  in  the  process  of  organization,  or  the  troops  of  the  City  of  Charles- 
ton. The  country  troops  already  organised  have  been  very  impatient 
under  the  restraints  necessary  to  keep  them  in  reserve  for  a  period  of 
greater  trial  to  the  State,  if  that  should  unhappily  occur ;  but  it  has 
hithcrt^i  been  thought  advisable  not  to  muster  them  into  service,  as  no 
one  could  anticipate  what  line  of  military  operations  it  would  be  expe- 
dient to  adopt,  or  where,  or  in  what  manner,  our  enemies  might  attack 
us,  and  as  the  number  of  troops  neces.'-ary  for  the  exigencies  of  the 
service  were  supplied  by  the  patriotic  devotion  of  the  militia  of 
Charleston,  with  the  addition  of  a  spirited  corps  of  artillery  from  Co- 
lumbia j  the  order  ta  call  the  others  down  to  this  point  has  been  sus- 
UG 


'522  APPENDIX  TO  THE 

pended  from  time  to  time,  in  almost  daily  expectation  that  the  state  of 
armed  preparation  would  cease,  or  that  a  larger  force  would  become 
necessary.  The  financial  objection  was  also  not  without  weight,  as  the 
Legii^laturc  has  not  been  profuse  in  its  estimates  for  the  number  of  men 
even  now  in  the  field,  and*  the  call  for  the  volunteers  for  twelve  months 
would  entail  a  very  considerable  additional  expense  to  the  State,  as 
well  as  occasion  great  sacrifices  to  the  individual  members  composing 
the  country  troops. 

Tlie  Departments  of  the  Quartermaster  General  and  of  the  Commis- 
sary General,  those  common  sources  of  complaint  in  an  army,  have  been 
satisfactorily  conducted  by  the  active  and  competent  officers  at  the  head 
of  those  Departments.  The  duties  of  the  Quartermaster  General  have 
been  largely  increased  by  the  frequent  and  unusual  calls  upon  his  De- 
partment from  the  varied  nature  of  the  operations  carried  on  for  several 
months;  and  the  expenses  have  been  necessarily  large,  from  the  moans 
employed  for  transporting  troops,  provisions  and  materials  to  the  differ- 
ent  posts  in  and  near  the  harbor  of  Cluirloston.  I  am  gratified  to  be 
able  to  state,  on  the  authority  of  the  Commissary  General,  that  nutwith- 
etanding  the  comparative  high  prices  of  provisions,  occasioned  by  the 
unusual  demand,  the  cost  of  a  ration  has  been,  so  far,  below  ninet^^en 
cents. 

The  arrangements  of  the  Department  of  the  Surgeon  General  have 
been  equally  satisfactory;  and  it  gives  mo  much  satisfaction  to  report 
that  the  health  of  the  troops  has  been  excellent. 

I  am  unwilling  to  close  this  report  without  making  more  particular 
mention  of  the  spirit  and  efficiency  of  the  troops  now  in  the  service  of 
the  State.  I  have  never  seen  a  better  class  of  recruits  than  those  re- 
cently enlisted  into  our  service;  and  under  the  training  of  their  very 
competent  and  diligent  officers,  they,  especially  the  first  enlisted,  have 
beconie  well  drilled  and  steady  soldiers. 

It  was  very  gratifying  to  witness  tlie  alacrity  with  which  the  volun- 
teers for  six  months  answered  the  call  of  the  Convention  for  their 
services,  and  .thereby  fully  entitled  themselves  to  the  appellation  of 
"  Minute  Men,"  under  which  name  they  had  organized  themselves. 
Since  they  have  been  mustered  into  service  they  have  shown  the 
utmost  patience  of  discipline;  and  wlietlur  at  the  drill,  or  in  the 
trenches,  they  have  come  fully  up  to  every  ro(|uiremeiit  of  a  citizen 
soldier  of  South  Carolina.  These  companies,  drawn  suddenly  from  the 
interior  of  the  State,  are  composed  of  the  best  material  in  tlicif  rcspec- 


SECOND  SESSION.  523 

tive  districts;  and  I  venture  the  assertion,  that  a  more  efficient  or 
superior  regiment  has  seldom  been  assembled  under  one  standard. 

Of  the  militia  of  the  City  of  Charleston,  and  of  the  Company  of 
Artillery  from  Columbia,  I  cannot  speak  too  highly.  It  is  a  constant 
source  of  pride  and  pleasure  to  witness  their  prompt'obedience  to  every 
command,  their  willing  performance  of  every  duty,  however  unsuited 
to  their  previous  modes  of  life,  and  the  ready  sacrifice  of  their  private 
interests  to  the  higher  call  of  duty  to  their  State;  and  it  would  appear 
that  there  was  a  generous  emulation  amongst  them  who  could  endure 
such  sacrifices  and  privations  the  longest  without  a  murmur. 

The  same  patriotic  feeling  of  self-abnegation  has  been  exhibited  by 
the  citizens  of  Charleston  not  on  duty,  many  of  whom,  engaged  in  busi- 
ness involving  large  risks,  have  endured  for  months  the  loss  of  service 
of  their  employees,  whose  wages  they  have  continued,  but  wno  cheerfully 
acquiesce  in  the  sacrifice  of  their  means,  with  the  reflection  that  their 
first  duty  is  to  the  country.  I  have  had  many  opportunities  of  being 
assured,  during  my  present  situation,  that  the  same  feeling  of  disinter- 
ested patriotism  is  not  confined  to  this  city,  but  extends  equally  to 
every  portion  of  the  State. 

I  am,  sir,  with  great  respect. 

Your  obedient  servant, 

D.  F.  JAMISON. 


524  APPENDIX  TO  THE 


REPORT    OF  THE   SECRETARY  OF  THE   TREASURY. 

Executive  Office,  Department  of  the  Treasury, 
Charleston,  March  25th,  1861. 
To  HIS  Excellency  F.  W.  Pickkns: 

Dear  Sir  :  In  compliance  with  jour  direction,  that  a  brief  siiin- 
Tnary  of  the  transactions  of  this  Dopartuicut  should  be  furnished  for 
the  information  of  the  Convention,  1  beg  leave  to  submit  the  fullowiug 
statement : 

Immediately  after  the  Act  of  Secession,  tlia  Lejjislature  provided  for 
the  exigencies  of  the  State  by  authorizing  a  loan  of-S400,00U,  bearing 
an  interest  of  six  per  cent.  Of  tliis  sum,  §150,000  was  appropriated 
to  the  Ordnance  Bureau,  and  8250,000  to  the  military  defence  of  the 
State.. 

The  Ranks  of  the  State  promptly  took  up  this  loan  at  par,  and  thus 
afforded  an  immediate  supply  to  the  Treasury.  The  patriotic  disiuter- 
e.<tedness  which  prompted  the  action  of  those  institutions  is  greatly 
enhanced  by  the  circumstances  under  which  they  took  up  the  loan. 
At  that  time,  South, Carolina  alone  had  seceded  from  the  Government 
of  the  United  States,  and  anxiety  prevailed  as  to  the  future.  Universal 
panic  had  prostrated  all  public  and,  private  securities  throughout  the 
United  States.  Proposals  for  a  si.x  per  cent,  loan  by  the  Government 
of  the  United  States  were  met  by  offers,  ranging  from  ten  to  thirty-five 
per  cent,  discount,  and  the  urgent  demands  of  their  Treasury  could  be 
supplied  only  by  Treasury  uott'S,  at  twelve  per  cent,  interest.  All 
stocks  and  public  securities  had  reached  a  point  of  almost  unsaleable 
depression.  It  was  during  this  prevailing  despondency  that  the  Banks 
of  the  State,  unmindl'ill  of  interest,  and  regardless  of  discouragement, 
made  the  patriotic  contribution  for  the  safety  and  honor  of  the  State. 

Under  the  Act  to  establish  a  Coast  Police  for  South  Carolina,  the 
Legislature  authorized  an  ad<litional  six  per  cent,  loan  for  §150,000. 
No  part  of  this  loan  has  been  oifered  for  .sale. 

By  another  Act,  the  Legislature  direeted  the  issue  of  eortificatea 
and  bonds  to  the  amount  oF  §075,000,  at  seven  per  cent,  interest,  for 
the  '*  Military  defence  of  the  State."     The   current  disbursements  of 


SECOND  SESSION.  525 

this  Department,  have  been  anticipated  by  sales  on  account  of  this  loan 
to  the  auiouut  of  $187,000,  at  par. 

The  sale  of  these  bonds  has  been  impeded  by  the  low  rate  at  which 
bank  and  railroad  stocks  and  railroad  bonds,  and  by  the  discount  at 
which  even  the  six  per  cent,  stocks  of  the  State  can  be  purchased. 
That  the  loan  is  offered  in  the  form  of  coupon  bonds  is  an  objectionable 
circumstance.  But  this  is  obviated  by  the  confident  expectation  that 
when  the  temporary  purpose  of  that  form  of  security  shall  be  fulfilled 
by  the  taking  up  of  the  loan,  the  Legislature,  at  its  next  session,  will 
^oovert  the  bonds  into  stock  j  and  with  very  many  the  loan  for  the 
"  Military  defence  of  the  State"  is  preferred,  from  that  consideration, 
to  the  petty  advantage  of  interest  which  other  investments  may  hold 
out. 

The  offer  of  the  Confederate  loan  presents  the  chief  impediment  to 
the  sale  of  the  loan  for  the  Military  defence  of  the  State.  The  very 
large  interest  of  the  Confederate  loan,  its  ample  security,  and  above  all, 
that  it  is  designed  for  the  common  defence,  combine  inducements  of 
interest  with  motives  of  patriotism,  for  its  preference.  Since  the  Pro- 
visional Government  has  taken  jurisuictlon  of  all  questions  between  the 
several  States  and  the  Government  of  the  United  States,  and  assumed 
the  charges  of  the  defence  of  the  Confederate  territory,  and  has  offered 
to  take  from  the  State  of  South  Carolina  all  the  ordnance,  arms  and 
munitions  of  war  which  it  may  see  fit  to  transfer  to  that  Government, 
the  necessity  for  the  sale  of  the  bonds  of  this  State  is  less  urgent,  and 
they  have  not  been  pressed  upon  the  market.  Besides,  the  Bank  of 
the  State,  with  its  wonted  readiness  to  assist  ^he  finances  of  the  State, 
has  given  the  assurance  that  it  will,  by  advances,  prevent  any  tempo- 
rary embarrassment  of  the  Treasury. 

With  this  asj^urance,  and  the  certain  prospect  that  the  Confederate 
loan  will  be  taken  up  as  soon  as  the  books  are  opened  for  that  purpose, 
and  that,  then,  this  State  will  be  discharged  of  the  expenses  for  its 
military  defence,  this  department  has  been  relieved  from  apprehension 
of  any  future  financial  difficulties.  Soon  the  expenses  which  have 
been  incurred  for  the  military  defence  of  the  State,  will  be  refunded 
by  the  Confederate  Government,  and  the  people  relieved  from  the 
pressure  of  them.  And  then,  when  the  Confederate  (iovtrnincnt  shall 
be  firmly  ordered  and  settled,  and  harmony  and  peace  prevail,  instead 
of  intestine  strife  and  dissension,  and  when  the  people  of  the  slave- 
holding  States,  vindicating  their  social  and  national  character  against 
the  persistent  and  malicious  libels  of  their  former  confederates,  bhall  be 


626  APPENDIX  TO  THE 

restored  to  their  own  self-respect,  and  by  the  exhibition  of  moderation, 
wisdoui  and  valor,  shall  comiuand  the  respect  of  the  nations  of  the 
earth,  it  will  be  a  satisfaction  to  remember  the  perils  and  sacriflccs  by 
which  their  sovereignty  and  independence  have  been,  a  second  time, 
asserted  and  maintained. 

Donations  have  been  received  to  the  amount  of  822,275.  It  would 
be  ungracious  to  notice  these  generous  gifts,  only  as  an  item  in  our 
account.  They  are  free-will  oflferings  to  liberty,  from  hearts  that 
heave  with  patriotic  emotion.  No  taint  of  vanity  or  selfishness  infects 
them.  The  public  acknowledgment  which  was  made  of  the  first  dona% 
tions,  caused  future  donations  to  be  made  with  the  injunction  that  the 
names  of  the  donors  should  not  be  published.  Though  it  may  not  be 
in  accordance  with  the  generous  inij)ulse  which  prompted  the  first  do- 
nation of  ten  thousand  dollars,  by  Mr.  Denjamin  Mordecai,  of  this  city, 
it  is  proper,  for  the  moral  influence  of  the  example,  that  an  act  of  so 
great  munificence  should,  on  every  fit  occasion,  receive  its  meed  of 
public  gratitude  and  hcnor. 

The  contributions  of  labor  by  the  planters,  and  their  personal  super- 
intendence of  their  slaves,  are  also  the  subject  of  grateful  acknowledg- 
ment, and  should  not  be  oniittcd  in  this  statement  of  the  resources  of 
the  State  for  it's  defence.  The  most  liberal  oflfers  were  received,  and  a 
number  of  laborers,  greatly  exceeding  the  want  for  them,  was  always 
}uade  at  the  call  of  the  State.  As  many  as  could  be  advantageously 
employed  were  constantly  in  the  service  of  the  State,  in  the  construc- 
tion of  the  defences  of  the  harbor,  until  the  recent  advance  of  the 
spring  has  suspended  the  call. 

SUMMARY   OF    RECEIPTS   AND   DISBURSEMENTS. 

Recdvedfrom  the  first  loan §250,000  00 

'<  "     the  loan  for  the  "Military  defence  of  the 

State" 187,000  00 

"  "      donations 22,275  00 


§459,275  00 

Exi)ended — Miscellaneous  charges,  includ- 
ing pay  of  the  troops,  «S:c.,  &c 8101,006  00 

Quartermaster's  Department 201,472  00 

Commissary's  Department 70,520  00 

Contingent   expenses   and    unclassified 

charges > G,4ol  00 


SECOND  SESSION.  527 

For  Coast  Police  and  Naval  Service 44,853  00 

Recruiting  Service 13,935  00—^444,817  00 

■ 
By  a  communication  from  the  Board  of  Ordnance  to  his  Excellency 

the  Governor,  it  appears  that  that  Board  has  expended  3195,500  in 
the  purchase  of  ordnance,  arms,  equipments  and  munitions  of  war. 
This  exceeds  the  sum  of  §150,000,  which  was  appropriated  by  the 
Legislature  to  the  Ordnance  Bureau ;  but  the  expenditures  being  neces- 
sary for  the  "  Military  defence  of  the  State,"  will  constitute  a  charge 
on  the  appropriation  for  that  purpose,  which  this  department  must 
defray. 

I  am,  with  great  respect,  • 

•         *  Your  obedient  servant,  • 

EDWARD  FROST, 

Secretary  of  the  Treasury. 


528  APPENDIX  TO  THE 


REPORT  OF  THE  SECRETARY  OF  THE  INTERIOR. 

State  of  Soutu  Carolina, 
Executive  Department,  Office  op  the  Interior, 
Charleston,  March  26th,  IBGl. 

To  nis  Excellency  Governor  Pickens  : 

Sir  :  In  obedience  to  a  resolution  of  the  Coun(;il,  I  submit  tlic  fol- 
lowins:  Report  from  the  Department  which  was  assigned  to  me  in  the 
distribution  of  the  Executive  labors. 

As  to  matters  fallinp;  within  the  Department  of  the  Interior  proper, 
it  is  hardly  necessary  for  me  to  say  anything,  nothing  having  occurred 
in  relation  thereto  which  deserves  special  notice. 

The  most  important  matters  connected  with  this  Department,  and 
to  which  its  chief  attention  has  been  directed,  have  been  the  Sea  Coast 
Police,  and  the  Sea  Coast  Defences  of  the  State.  At  an  early  day 
after  your  Excellency  assumed  the  duties  of  the  Executive,  Colonel 
Gwynn  was  ordered  by  your  .Excellency  to  make  a  reconnoissance  of 
the  sea-coast  of  South  Carolina,  and  select  such  points  as,  in  his  judg- 
ment, should  be  fortified  for  the  purpose  of  defending  our  territory 
against  marauding  parties,  who  might  come  into  our  waters  in  small 
craft,  to  commit  depredations  upon  the  projiferty  of  our  citizens.  The 
defence  of  our  lung  line  of  sea-coa.st  against  an  enemy  en  force  was  not 
contemplated.  To  render  such  defences  effectual,  would  require  means- 
beyond  the  resources  of  the  State.  The  general  character  of  our  sea- 
coast  is  such,  that  it  presents  few  obstacles  to  the  landing  of  troops,  at 
almost  any  point,  in  small  boats.  Its  whole  lino  is  intersected  by  nu- 
merous inlets  and  creeks,  of  easy  access  to  small  craft.  Resides,  there 
are  many  deep  and  bold  rivers  into  which  vessels  of  large  draft  may 
safely  enter.  While,  therefore,  our  sea-coast  would  be  much  exposed 
to  the  ravages  of  an  enemy,  the  difficulty  of  guarding  effectually  its 
whole  lino  with  fortifications  is  insurmountable.  The  object  liad  in 
view  was  to  erect  works,  principally  of  earth,  to  guard  tho.se  entrances 
whic"b  were  most  accessible,  and  which  could  be  most  easily  defended, 
iiot  against  an  enemy  enforce^  but  against  marauding  parties,  who,  it 
was  supposed  might,  in  the  event  of  hostilities  between  the  two  sec- 


SECOND  SESSION.  529 

tions,  descend  upon  our  coast  in  vessels  of  light  draft  to  commit  acts 
of  depredation  and  violence. 

A  reconnoissance  of  the  coast,  from  the  mouth  of  Little  river,  near 
the  North  Carolina,  to  Callibogue  Sound,  near  the  mouth  of  the  Sa- 
vannah river,  has  been  made  by  the  Engineers  in  charge;  and  at  many 
of  the  points  indicated,  redoubts  and  other  works  have  been  erected. 
]\Iany  of  these  works  have  been  completed,  and  others  were  in  pro- 
gress, when  the  Government  at  Montgomery  assumed  the  charge  of  our 
military  operations  and  defences.  With  the  exception  of  the  fortifica- 
tions commanding  the  entrance  into  Winyaw  Bay,  none  of  them  have 
been  garrisoned.  These  works  were  the  first  that  were  completed,  and, 
under  the  energetic  supervision  of  Colonel  Alston,  were  provided  at 
an  early  day  with  ordnance  and, ordnance  stores,  and  also  garrisoned  by 
a  sufficient  number  of  troo])S  to  man  the  guns.  Since  the  action  of  the 
Congress  at  Montgomery,  which  put  our  operations  under  the  charge 
of  the  Provisional  Government,  little  has  been  done  towards  the  com- 
pletion of  the  works  which  were  at  that  time  unfinished.  These  de- 
fences of  the  coast  have  "been  erected  at  comparatively  little  cost  to  the 
State.  The  planters  in  their  vicinity  have,  with  commendable  liber- 
ality, in  the  majority  of  cases,  gratuitously  furnished  the  labor  required 
to  erect  them. 

For  a  more  particular  description  of  these  various  works,  I  refer  to 
the  reports  of  the  Engineers  in  charge,  and  especially  to  the  reports  of 
Colonel  Charles  Alston,  Jr.,  and  Colonel  Elliot,  who  had  the  general 
direction  of  them,  under  orders  from  your  Excellency.  At  ,the  re- 
quest of  your  Excellency,  and  in  company  with  Captain  Ilartstene, 
who  was  ordered  to  make  a  report  on  this  subject,  I  made,  in  the 
month  of  February  last,  an  inspection  of  these  works,  from  George- 
town to  the  mouth  of  the  Savannah  river.  I  refer  to  his  report  as 
containing  a  more  particular  statement  of  the  progress  which  had  been 
made  towards  their  completion,  and  also  of  what  was  further  required 
to  render  them  2i»  efficient  as  the  circumstances  would  admit  of. 

At  the  time  when  I  assumed  the  duties  of  this  Department,  your 
Excellency  had  already  established  a  Police  for  Charleston  harbor — 
first,  to  prevent  a  change  in  the  status  of  the  forts;  and,  secondly,  to 
prevent  reinforcements  being  introduced  into  Fort  Sumter.  After  the 
occupation  of  Fort  Sumter  by  Maj.  Anderson,  and  bi-fore  the  erection 
of  batteries  on  Morris'  Island,  this  police  was  chiefly  relied  on  to  pre- 
vent that  fortress  being  reinforced.  It  wa.s,  therefore,  thoroughly  or- 
ganized, and  rendered  as  efficient  as  passible  with  the  means  at  our 
07    . 


530  APPENDIX  TO  THE 

command.  Small  boats  were  stationed  by  day  near  the  bar,  for  the 
purpose  of  keeping  watch  upon  vessels  approaching  our  harbor,  and  if 
at  all  suspicious,  to  examine  them,  and  by  means  of  signals  arranged 
for  the  purpose,  to  notify  the  different  posts  in  the  harbor  of  their  real 
character. 

A  night  police  was  also  established,  consisting  of  the  most  suitable 
vessels  that  could  be  procured,  having  on  board  detachments  of  armed 
men,  with  orders  to  cruise  during  the  night  time  near  the  bar,  and  keep 
a  vigilant  look  out  for  the  enemy,  and  repel  any  attempt  to  reinforce 
Fort  Sumter  with  all  the  means  in  their  power.  .To  their  vigilance 
may  be  justly  accorded  a  share  of  the  honor  of  the  successful  repul- 
sion from  our  waters  of  the  "Star  of  the  West"  by  the  battery  on 
Morris'  Island.  Her  approach  was  .observed  and  signalled  to  that 
post. 

This  Police  was  committed  principally  to  the  charge  of  the  officers 
of  the  United  States  Navy,  who  had  resigned  and  tendered  their  ser- 
vices to  the  State.  And  it  is  due  to  these  gallant  officers  that  I  should 
say,  that  in  this  capacity,  humble  though  it* be,,  compared  with  the 
stations  which  they  had  before  filled  in  their  country's  service,  they 
have,  iu  every  instance,  entered  upon  the  discharge  of  their  duties  with 
alacrity  and  spirit,  and  rendered  most  important  service  to  the  State. 

It  is  also  proper  that  I  should  make  favorable  mention  of  the  ser- 
vices which  have  been  rendered  in  this  Department  by  the  young  men 
who  abandoned  the  Naval  School  of  the  United  States,  and  tendered 
themselves  to  the  State.  They  were  assigned  to  this  Police,  and  have 
been  constantly  employed  iu  its  service.  During  the  greater  part  of 
the  time,  James  II.  North,  late  Lieutenant  in  the  United  States  Navy, 
has  had  the  command  of  this  force.  Immediately  on  his  arrival  here, 
he  was  appointed  to  this  service  with  the  rank  of  Captain  in  the  South 
Carolina  Navy,  and  has  performed  his  dutywith  promptness  and  ability. 

The  Legislature,  at  its  last  session,  passed  "An  Act  for  the  establish- 
mient  of  a  Coast  Police  for  the  State  of  South  Carolina,"  which  enacted 
that  the  Governor  should  purchase  or  procure  three  vessels  of  light 
draught,  to  be  propelled  by  steam  and  canvas,  and  to  be  armed  with 
one  or  more  guns,  and  otherwise  equipped,  f^o  as  to  be  made  an  efficient 
police  for  the  coast  and  inlets  of  the  State.  To  carry  out  the  provisions 
of  this  Act,  the  sum  of  S150,000  was  appropriated.  In  order  to  re- 
move the  embarrassments  which  it  was  supposed  might  arise  in  restrict- 
ing the  Governor  to  the  purchase  of  vessels  of  a  particular'description, 
a  resolution  was  also  passed  by  the  Legislature,  authorizing  him,  ia 


SECOND  SESSION.  5?.l 

effect,  to  procure  such  vessels  as  he  might  deem  fit  for  the  service  pro- 
pased,  provided  no  larger  sum  than  the  §150,000,  appropriated  by  tlje 
Act  refen-ed  to,  should  be  used  for  the  purpose. 

In  order  to  carry  out  the  object  of  this  Act  and  Resolution,  I  ap- 
pointed a  commission,  composed  of  scientific  and  practical  men  in  the 
City  of  Charleston,  to  examine  all  the  vessels  in  Charleston  harbor, 
and  also  to  make  inquiry  elsewhere,  and  report  whether  any  could  be 
procured  which  were  adapted  to  the  service  intended.  'J'heir  report 
satisfied  mc  that  there  were  no  vessels  in  our  waters  which  were  suita- 
ble in  every  respect,  and  which  could  be  bought  on  reasonable  terms. 
It  was  believed  that  they  might  be  purchased  at  the  North,  but,  after 
diligent  inquiry,  only  one  could  be  found  that  it  was  thought  expedient 
to  purchase  :  the  "James  Gray,"  an  iron  propeller,  built  for  the  navi- 
gation of  James  Ijliver.  Lieut.  Dozier  was  despatched  to  Richmond, 
and  negotiated  the  purchase  of  this  steamer  at  the  price  of  $30,000, 
to  be  delivered  at  Charleston.  She  has  since  been  fitted  out  under  the 
name  of  the  "  Lady  Davis,"  and  carries  two  twenty-four  pounder 
howitzers  on  her  decks.  Under  the  Act  referred  to,  enlistments  of 
seamen  were  began,  and  had  reached  the  number  of  thirty,  when  it 
was  thought  best  to  suspend  any  further  effort  to  complete  this  organi- 
zation, on  account  of  the  action  of  the  Provisional  Congress  looking 
to  the  establishment  of  a  navy  for  the  common  Government.  These 
enlisted  seamen  have  served  to  relieve  the  detachments  of  volunteers 
which  have  been  detailed  for  duty  as  a  night  guard  in  the  harbor,  and 
are  now  employed  in  that  service.  For  a  statement,  in  detail,  of  the 
vessels  employed  in  the  Coast  Police,  the  ofiicers  and  crews  of  each, 
and  of  the  officers  of  the  United  Slates  Navy  who  have  resigned 
and  entered  the  service  of  the  State,  and  also  their  rank,  I  refer 
to  the  report  of  Captain  James  11.  North,  dated  the  4th  March, 
and  on  file  in  the  Executive  office.  It  is  believed  that  two  addi- 
tional steamers  of  lighter  draught  than  the  "Lady  Davis,"  and  hav- 
ing proper  armameiUs,  would  be  sufficient  for  the  Coast  Police  of 
this  State — that  is,  to  cruise  along  our  coast  and  into  our  ioiets, 
with  a  view  to  intercept  lawless  incursions  into  our  territory.  Without 
such  vepsels,  some  of  the  entrances  along  our  coast  will  be  entirely 
unguarded.  This  is  especially  true  of  Port  Royal  entrance  and  St. 
Helena  Sound.  These  cannot  be  defended  by  means  of  batteries  on 
land  ;  and  unless  armed  vessels  are  provided  for  these  waters  the  adja- 
cent country  will  be  left  entirely  exposed.  This  matter,  it  is  under- 
stood, has  already   been  considered   by   the  Secretary  of  the  Navy  at 


532  APPENDIX  TO  THE 

Montgomery,  and  suitable  vessels,  it  is  believed,  will  soon  be  procured 
for  the  service  indicated.  In  conclusion,  I  have  the  pleasure  to  state 
that,  in  my  judgment,  with  the  small  means  at  their  disposal,  and 
under  the  pressing  necessity  of  concentrating  the  resources  of  the 
State  for  the  defence  of  Charleston  harbor,  which  thus  far  has  been  the 
theatre  of  our  larger  military  preparations,  everything  has  been  done 
which  was  practicable,  by  the  State  authorities,  for  the  defence  of  the 
sea-coast  of  the  State. 

Respectfully  submitted, 

A.  C.  GARLINGTON, 
Secretary  of  the  Interior,  including  Sea-coast  Defences. 


SECOND  SESSION.  533 


REPORT  OF  THE  POST  OFFICE   DEPARTMENT. 

State  of  South  Carolina, 
Post  Office  and  Customs  Bureau, 
Charleston,  March  26th,  1861. 

Sir:  I  beg  leave  to  say,  that  in  the  department  to  which  I  was 
assigned  by  your  Excellency,  as  one  of  the  P]xecutive  Council,  I  have 
very  little  to* communicate  that  will  be  necessary  for  you  to  communi- 
cate to  the  Convention  of  the  People  of  this  State. 

The  Postal  arrangements  have  been  continued  as  they  existed  at  the 
time  of  the  secession  of  the  State  from  the  late  Union. 

After  the  Ordinance  of  the  Convention  continuing  the  officers  of  the 
Post  Office  Department  as  before,  upon  the  application  of  several  Post 
Masters  for  instructions,  I  issued  a  circular  instructing  them  to  make 
their  returns  and  accounts  to  the  Department  at  Washington  as  pre- 
viously, so  long  as  the  mails  were  transported  under  their  contracts  and 
authority.  This  course  has  been  pursued  so  far  as  I  know,  and  as  yet 
I  have  been  aware  of  no  interruption  of  mail  facilities  in  the  State. 

In  relation  to  the  delivery  and  receipt  of  the  mails  to  and  from  Fort 
Sumter,  under  your  direction,  I  proposed  to  Major  Anderson  to  have 
them  delivered  to,  and  by  his  boats,  at  Fort  Johnson,  to  which  he 
assented;  the  necessary  orders  were  issued  for  this  purpose,  and  in  this 
way  mail  communication  has  been  kept  up,  without  complaint,  so  far 
as  I  am  aware,  with  that  post. 

The  papers  and  correspondence  on  this  subject  will  be  found  cm- 
braced  in  the  correspondence  between  Hon.  A.  G.  Magrath,  of  the 
State  Department,  and  Hon.  J.  Holt,  Postmaster  General  at  Washing- 
ton, and  have  already  been  made  public.  That  portion  of  Customs 
with  which  my  department  was  connected,  was  in  reference  to  Light 
Houses  and  buoys  in  the  harbor  and  coast,  and  with  the  vessels  con- 
nected with  that  service. 

Under  your  direction,  soon  after  the  evacuation  of  Fort  Moultrie  by 
the  garrison  of  the  United  States  and  their  possession  of  Fort  Sumter, 
I  directed  the  lights  in  the  harbors  of  Charleston,  Beaufort  and 
Georgetown  to  be  extinguished,  and  the  buoys  in  these  harbors  respec- 
tively to  bg  removed,  in  order  to  prevent  by  these  means,  as  far  as 


534  •  APPENDIX  TO  THE 

practicable,  the  supplies  of  provisions,  men,  &c.,  to  Fort  Sumter,  as 
well  as  to  prevent  hostile  ships  from  coming  into  our  waters.  This- 
course  is  still  pursued,  as  I  learn  from  those  now  in  authority.  Upon 
the  organization  of  the  Provisional  (ioverument  of  the  Confederate 
States,  and  the  Treasury  and  Post  Office  Departments  thereof,  I  felt 
that  my  duties  in  the  department  to  which  I  had  been  assigned  by 
your  Excellency  had  determined,  and  I  consequently  requested  the 
officers  both  of  the  Customs  and  Post  Office,  with  whom  1  had  been 
connected,  to  report  and  advise  with  the  respective  heads  of  depart- 
ments of  the  Confederate  States,  wliich  has  been  done.  • 

It  gives  me  great  pleasure,  in  closing  this  report,  to  bear  my  cheerful 
testimony  to  the  efficiency,  discretion  and  promptness  of  the  gentlemen 
at  the  head  of  the  Post  Office  and  Customs,  respectively,  in  the  City  of 
Charleston,  and  thus  publicly  tender  them  my  thanks  (which  I  have 
done  privately)  for  the  cheerful  assistance  and  suggestions  wliich  I 
have  at  all  times  received  from. them,  in  the  discharge  of  the  duties  of 
the  position  assigned  me. 

I  have  the  honor  to  b?, 

Very  respectfully, 

Your  obedient  servant, 

W.    W.  HARLLEK. 

To    HIS  EXCELI-ENCY  F.  W.  PiCKKNS. 


SECOND  SESSION.  535 


EEPOllT    OF    THE     COMMITTEE     ON     THE     MILITARY; 
WITH   THE  ACCOMPANYING  RESOLUTIONS. 

The  Special  Committee  on  the  Military,  to  whom  was  referred  so 
much  of  the  communication  of  his  Excellency  Gov.  Pickens,  and  ac- 
companyinp;  documents,  as  relates  to  the  transfer  of  enlisted  troops, 
arms,  ordnance  and  munitions  of  war,  to  the  Government  of  the 
Confederate  States,  to  the  Coast  Defences  and  Volunteers  in  the  service 
of  this  State,  and  the  resolution  of  Mr.  Orr  as  to  the  troops  raised  for 
the  defence  of  this  State,  &c.,  beg  leave  to 

REroRT  : 

That  they  have  had  the  matters  refered  under  consideration,  and 
the  matters  which  specially  engaged  their  attention  were,  first,  the 
number  and  amount  of  arras,  ordnance  and  munitions  of  war  which  it 
was  proper  to  transfer,  and  the  mode  of  settlement  therefor.  They 
have  deemed  it  expedient  to  turn  over  to  the  Confederate  Government 
all  such  as  have  been  purchased  since  the  20th  December  last  and  are 
now  in  our  possession,  and  such  other  arms,  ordnance  and  munitions 
(including  those  taken  in  the  forts  and  arsenals  in  this  State  lately  in 
the  possession  of  the  United  States  Government)  as  the  Governor  and 
Uoard  of  Ordnance  may  deem  it  advisable  to  transfer  with  a  due  re- 
gard to  the  safety  and  defence  of  this  State. 

Secoiuily. — The  transfer  of  the  regular  enlisted  trowps  now  in  the 
service  of  the  State  to  the  Government  of  the  Confederate  States. 
This  your  Committee  are  of  opinion  should  be  done  without  delay  ;  but, 
in  doing  so,  the  Governor  should  insist  upon  the  preservation  of  their 
present  organization  and  the  maintenance  of  the  rank  of  the  oflBcera,  if 
practicable  so  to  do  under  the  provisions  of  the  Act  of  the  Congress  of 
the«Confederate  States,  entitled  an  "Act  to  raise  Provisional  Forces 
for  the  Confederate  States  of  America,  and  for  other  purposes." 

This  we  have  the  assurance,  in  the  communication  of  his  Excellency, 
will  be  urged  by  him  as  far  as  practicable. 

Thirdly. — The  tender  of  volunteers  to  the  Confederate  States,  and 
providing  for  their  entering  the  service  of  the   Cunfodcrate   Statft^ 


536-  APPENDIX  TO  THE 

under  the  Act  of  Corifrrcss  referred  to.  Your  Committee  have  arrived 
at  the  conclusion,  that  while  the  assent  of  this  State  should  be  cheer- 
fully yielded  under  the  provisions  of  the  Act  of  the  Confederate 
Congress,  yet  it  is  but  proper  that  preferences  should  be  given  to  the 
forces  already  in  service  and  those  now  organized  under  the  Act  of  the 
Legislature  of  this  State  at  its  lust  session. 

The  propriety  of  this  course  is  so  manifestly  just  to  these  forces, 
their  efficiency,  discipline  and  preparation  so  fully  completed,  and  the 
promptness  by  which,  with  their  tender  and  consent,  they  can  be 
thrown  into  the  field,  that  your  Committee  deem  it  unnecessary  to  dis- 
cuss it  at  length.  In  case  these  forces  do  not  furnish  a  sufficient 
number  to  answer  the  call  of  the  President  of  the  Confederate  States, 
then  it  follows  that  volunteers  from  other  sources  can  tender  their 
services  to  supply  the  deficiency;  but  your  Couimittcc  apprehend  no 
such  contingency,  under  the  resolutions  they  submit  on  these  subjects. 

The  reports  of  Gen.  D.  F.  Jamison,  of  the  War  Department,  and  of 
the  Hon.  A.  C.  Garlington,  of  the  Interior  and  Coast  Defence,  furnish 
valuable  information  as  to  the  condition  for  defence  the  State  now  oc- 
cupies, that  your  Committee  recommend  that  five  hundred  copies  of 
each  be  printed  for  the  use  of  this  Convention,  and  for  distribution 
thereby. 

There  is  one  other  subject  that  has  occupied  the  attention  of  your 
Coujmittee,  incidentally  connected  with  the  matters  referred  to  them, 
and  that  is  the  mode  of  payment  we  are  to  adopt  by  which  this  State  is 
to  be  paid,  and  reimbursed  for  her  military  expenditures,  &c.,  since  our 
Act  of  Secession.  Your  Committee  are  of  opinion  that  for  such  portion 
of  the  amount  which  will  be  due  this  State  by  the  Confederate  Govern- 
ment, upon  a  settlement  for  our  disbursements,  should  be  received  in 
the  Bonds  of  tl^/j  Confederate  States,  now  about  to  be  issued  under  the 
fifteen  million  loan  provided  for  by  Act  of  the  Confederate  Congress, 
except  what  will  be  nece.>-sary  to  prevent  embarrassment  to  the  finances 
of  our  Treasury,  and  they  beg  leave  to  recommend  the  adoption  of  a 
resolution  herewith  submit ted'jon  that  subject. 

Your  Committee,  therefore,  beg  leave  to  report  the  accompanying 
resolutions,  and  recommend  their  adoption.  , 

All  of  which  is  respectfully  submitted, 

^V.    W.    IlAllLLIilE,    Chmrmau. 


SECOND  SESSION.  537 

Resolutioxs  to  provide  for  the  transfer  of  arras,  ordnance  and  muni- 
tions of  war,  by  this  State  to  the  Government  of  the  Confederate 
States  of  America. 
Resolved,  That  the  Governor  be  and  is  hereby  authorized  to  transfer 
to  the  authorities  of  the  Confederate  States  of  America  all  of  the  ord- 
nance, arms  and  munition  of  war,  which  have  been  purchased  by  the 
authorities  of  this  State,  and  now  in  her  possession,  since  the  twentieth 
day  of  December  last,  except  such  as  he,  with  the  Board  of  Ordnance, 
may  think  it  advisable  to  retain,  upon  payment  to  the  State  of  the  cost 
and  expenses  thereof,  or  securing  such  payment  to  the  satisfaction  of 
the  Governor  and  (^ouncil.  That  he  also,  by  and  with  the  advice  and 
consent  of  the  Board  of  Ordnance,  transfer  to  the  said  Confederate 
Government  all  of  the  arms,  ordnance  and  munitions  of  war  which  have 
been  taken  in  the  forts  and  arsenals  of  this  State,  lately  in  possession 
of  the  Government  of  the  United  States,  except  such  as,  in  their  dis- 
cretion, should  be  retained  for  the  use  and  defende  of  the  State,  taking 
therefor  such  receipts  and  assurances  as  will  secure  to  this  State  the 
value  thereof,  or  will  indemnify  the  State  in  any  accounting  which  may 
hereafter  be  had  with  the  United  States  Government. 

And  that  the  Governor  and  Board  of  Ordnance  be  authorized  and 
directed  to  turn  over  all  the  arms,  ordnance  and  munitions  of  war  to 
the  authorities  of  the  Confederate  States,  in  possession  of  this  State, 
upon  payment  therefor,  or  securing  such  payment,  which,  in  their  dis- 
cretion, can  be  sp&red  consistently  with  the  safety  and  defence  of  this 
State. 

Resolution  to  provide  for  the  transfer  of  the  regular  enlisted  troops 
of  this  State  to  the>Governtftent  of  the  Confederate  States. 
Resolved,  That  it  is  proper  that  the  regular  troops  which  have  been 
enlisted  in  the  service  of  the  State,  should  be  transferred,  for  the  re- 
mainder of  their  term  of  enlistraent,^  to  the  service  of  the  Confederate 
States;  but  that  in  doing  so,  justice  requires  that  all  the  officers  should 
receive  commissions  of  the  same  grade  for  at  least  the  period  of  enlist- 
ment of  the  troops,  and  that  the  Governor  of  the  State  be  authorized 
to  make  arrangements  accordingly  for  such  transfer  with  the  President 
of  the  Confederate  States,  and  to  endeavor  to  preserve,  if  practicable, 
the  rank  of  all  the  officers. 

Resolutions  to  provide  for  tendering  a  Volunteer  Force  to  the  Con- 
federate States 
R^Mflvf'd,  That  it  is  the  sense  of  this  Convention   that  the  sudden 
t>8  • 


§38  APPENDIX  TO  THE 

call  which  was  gallantly  answered  by  the  First  Regiment  of  South 
Carolina  Volunteers,  now  in  the  service,  and  the  valuable  services 
which  that  Regiment  has  rendered,  give  it  a  just  claim  to  an  honorable 
discharge,  as  soon  as  the  pressing  exigency  of  State  affairs  will,  in  the 
judgment  of  the  Governor,  permit;  but  that,  if  it  should  be  the  desire 
of  the  said  Regiment  to  prolong  its  service,  then  it  shall  have  the 
privilege  of  being  the  first  corps  transferred  to  the  service  of  the  Con- 
federate States,  upon  making  the  necessary  change  in  their  term  of 
enrullmcnt;  and  that  if  the  whole  Regiment  shall  not  desire  to  extend 
the  term,  but  a  number  of  companies  and  men  sufficient,  with  the  aid 
of  prompt  recruiting,  to  form  an  efficient  regiment,  shall  choose  to  do 
so,  they  shall  have  the  same  privilege,  and  shall  retain  the  regimental 
name  and  colors. 

Resolved,  That  if  the  services  of  the  First  Regiment  shall  not  be 
needed  in  the  field  for  the  whole  of  their  terra  of  six  months,  the 
Governor  may,  at  hie  discretion,  permit  the  whole  or  any  part- of  the 
Regiment  to  return  to  their  homes,  subject  to  his  call  whenever  it  may 
be  requisite  during  the  said  term — their  pay  and  allowance  being  sus- 
pended while  so  at  home — and  that  iu  the  event  of  a  treaty  of  peace 
being  made  between  the  Confederate-  States  and  the  United  States 
before  the  expiration  of  the  said  term,  the  Governor  shall  be  authorized 
to  disband  the  said  Regiment. 

Resolved,  That  whenever -a  volunteer  force  shall  be  called  for  by  the 
Government  of  the  Confederate  States,  the  Governor  be  authorized  to 
call  for  as  many  regiments  of  the  twelve  months'  volunteers  already 
organized  as  may  be  needed  ;  and  that  if  the  said  regiment  shall  con- 
sent to  go  into  the.  service  of  the  Confederate  States,  they  shall  be 
transferred  accordingly;  and  if  the  whole  of  any  regiment  shall  not  so 
consent,  but  companies  and  men  enough  shall  do  so  to  form,  by  aid  of 
recruiting,  an  efficient  regiment,  such  regiment  shall  be  transferred 
in  the  same  manner :  Provided,  that  preference  shall  be  given  to  the 
said  regiments  in  the  order  in  which  they  now  rank. 

Resolved,  That  in  case  a  sufficient  number  be  not  raised  from  these 
organizations,  then  any  other  companies,  battalions  or  regiments  arc 
hereby  authorized  to  volunteer  and  tender  their  services  till  the  re- 
quisite number  is  supplied  and  received. 


SECOND  SESSION.  539 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Charleston, 
on  the  twenty-sistli  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  aLljournments,  to  the  fifth  day  of  April,  in  the  same  year. 

KESOLUTIONS 

Suggesting  amendments  to  the  Constitution  of  the  Confederate  States. 

Resolved,  That  so  soon  as  the  Government  of  the  Confederate  States 
of  America,  created  by  the  "Constitution"  which  has  been  now  rat- 
ified, shall  be  securely  established,  and  in  peaceful  operation,  the  State 
of  South  Carolina  ought  to  "  demand "  that  (two  other  States  con- 
curring) the  Congress  shall  summon  a  Convention  of  all  the  States,  to 
take  into  consideration  the  following  amendments  to  the  said  Constitu- 
tion, to  wit :  1.  To  amend  the  second  section  of  the  first  Article  by 
striking  out  from  the  third  clause  thereof  the  following  words,  to  wit : 
"which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,"  and  the 
words,  "  three-fifths  of  all  slaves,"  and  inserting  after  the  words,  "re- 
spective numbers,"  the  words,  "  induJiiuj  slaves."  2.  To  strike  out 
the  second  clause  of  the  eighth  section  of  the  first  Article,  and  insert : 
"  The  Congress  shall  not  contract  any  debt  except  for  war  purposes; 
and  all  expenditures  in  excess  of  revenues  from  imports  (which  shall 
not  exceed  fifteen  per  cent,  ad  valoreni)  and  other  sources,  shall  be 
met  by  direct  taxation,  to  be  provided  for  by  the  Congress  authorizing 
the  expenditure."  3.  In  lieu  of  the  first  and  second  clauses  of  the 
ninth  section  of  the  first  Article,  to  insert  the  following  :  "Congress 
ehall  have  power  to  prohibit  the  importation  or  introduction  of  slaves 
from  any  region  not  a  State  or  Territory  of  this  Confederacy."  4.  To 
amend  the  third  section  of  the  fourth  Article  by  adding  to  the  first 
clause  thereof,  the  words  :  "  Nor'  shall  any  State  in  which  African 
slavery  docs  not,  by  law,  exist,  be  admitted,  without  the  consent  of  all 
the  States,  expressed  through  their  respective  Legislatures." 

Done  at  Charleston,  tlie  fifth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON, 
President  ff  the   Convention. 

Attest :    B.  F.  Arthur, 

Olerk  of  tlie  Convention. 


540  APPENDIX  TO  THE 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  Stsrte  of  South  Carolina,  reas- 
sembled by  appointment  of  the  President  thereof,  at  Charleston, 
on  the  twenty-sixth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments  to  the  eighth  day  of  April  in  the  same  year. 

A  RESOLUTION 

To  authorize  a  subscription  to  the  Confederate  Loan. 

Resolved,  That  the  Governor  be  authorized  to  subscribe,  at  his  dis- 
cretion, to  the  proposed  Confederate  Loan,  not  exceeding  its  par  value, 
a  sum  uot  exceeding  the  estimated  claim  of  this  State  against  the  Con- 
federate Government :  Frovichil,  It  be  previously  arranged  with  the 
Confederate  Government  that  payment  for  the  subscription  .•shall  be 
made  in  the  settlement  of  the  claim  of  this  State  against  that  Govern- 
ment, for  the  expenses  incurred  for  the  military  defence  of  the  State, 
and  for  the  cost  of  the  arms,  ammunition,  &c.,-  which  may  be  trans- 
ferred by  this  State  to  the  Confederate  Government. 

Done  at  Charleston,  the  eighth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred,  and  sixty-one. 

D.  F.  JAMISON, 

Fres  iden  t  of  the  Con  vent  ion. 
Attest:  B.  F.  Arthur, 

Cleric  of  the  Convention. 


SECOND.  SESSION.  541 


The  State  op  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Charleston, 
on  the  twenty-sixth  day  of  IMarch,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments  to  the  ninth   day  of  April  in  the  same  year. 

A  RESOLUTION 
Authorizing  the  Governor  to  commission  officers  of  Volunteer  Compa- 
nies in  certain  cases. 

Resolved,  That  the  Governor  be,  and  he  is  hereby,  authorized  to 
commission  the  officers  of  any  Volunteer  Company  which  may  be  formed 
in  any  of  the  Districts  adjacent  to  the  sea-coast,  for  local  service  :  Pro- 
vided, That  no  such  commission  shall  be  issued  without  the  written 
consent  and  approbation  of  the  commanding  officers  of  the  Regiment, 
Battalion  and  Company  respectively,  within  the  limits  of  which  such 
Volunteer  Company  shall  have  been  forued  :  And  provided,  also,  That 
such  commissions  shall  not  continue  longer  than  ten  days  after  the 
close  of  the  next  regular  session  of  the  Legislature  :  Provided,  also, 
That  the  said  companies  shall  consist  of  not  less  than  thirty  rank  and 
file,  besides  commissioned  and  non-commissioned  officers. 

Done  at  Charleston,  the  ninth  day  of  April,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  sixty  one. 

D.  F.  JAMISON, 

President  0/ the  Convention. 
Attest :  B.  F.  Arthur, 

Clerk  of  the  Convention. 


542  APPENDIX  TO  THE 


THE  COiMMITTEE  ON  FOREIGN  RELATIONS 

To  whom  were  referred  the  communication  of  the   Secretary  of  State 
and  accompanying  documents,  beg  leave  to  report : 

That  they  have  examined  the  same,  and  recommend  that  the  usual 
number  of  copies  of  the  Secretary's  Report  be  printed  for  the  use  of 
the  Convention,  and  that  five  hundred  extra  copies  be  printed  for  dis- 
tribution. 

As  all  of  the  accompanying  documents  of  any  importance  have  al- 
ready been  published,  your  Committee  deem  it  unnecessary  to  recom- 
mend the  printing  of  any  of  tliem. 

Respectfully  submitted. 

WM.  POilCilER  MILES,   Chairman. 


SECOND  SESSION.  543 


REPORT    OF   THE    COMMITTEE    ON    PRINTING,    AS    TO 
LITHOGRAPHING  ORDINANCE  OF  SECESSION. 

The  Committee  on  Printing  beg  leave  to  report : 

That,  at  the  recent  session  of  the  Convention,  having  had  referred  to 
them  a  resolution  contemplating  the  lithographing  of  the  Ordinance  of 
Secession,  they  made  a  report  indicating  the  terms  upon  which  the 
work  could  be  done,  but  which  report  was  not  reached  in  the  order  of 
business  before  the  adjournment  of  the  Convention.  Since  then, 
Messrs.  Evans  &  Cogswell,  Printers  to  the  Convention,  acting  upon  the 
indications,  as  manifested  by  the  report,  to  have  the  Ordinance  litho- 
graphed, have  had  the  work  done  in  a  style  creditable  to  the  art;  and 
by  a  careful  comparison  with  the  original,  the  Committee  find  it  to 
bear  a  very  notable  similarity  to  it. 

These  gentlemen  having  had  the  work  done  in  such  a  faithful  and 
creditable  manner,  and  as  the}'  supposed  in  accordance  with  the  wish 
of  Delegates  composing  the  Convention,  the  Committee  deem  it  due  to 
them  to  recommend  the  adoption  of  the  following  resolution  : 

Resolved,  That  two  hundred  lithographic  copies  of  the  Ordinance  of 
Secession  be  furnished  by  Messrs.  Evans  &  Cogswell,  for  the  use  of 
the  Convention,  to  be  disposed  of  under  the  direction  of  its  President; 
and  that  two  hundred  dollars  be  allowed  and  paid  them,  by  the 
Treasurer  of  the  Lower  Division,  as  compensation  therefor. 

All  of  which  is  respectfully  submitted  by  the  Committee. 

PAUL  QUATTLEBAUM, 

Chairman. 


544  APPENDIX  TO  THE 


REPORT  OF  ENGROSSING  COMMITTEE,  AS  TO  PUBLICA- 
TION OF  SECRET  JOURNAL. 

The  Committee  on  Engrossed  Ordinances,  to  whom  it  was  referred  : 

First,  To  inquire  and  report   "  what   resolutions   and   orders  of  the 

Convention,  passed  in  secret  session,  and  how  much  and  what   portion 

of  the  secret  journal,  may  now  be  made  public  without  impropriety;  " 

and 

Second/^,  To  consider  and  report  upon  the  following  resolution,  to 
wit :  '^Resolved,  That  the  injunction  of  secrecy  be  removed  from  the 
proceedings  and  debates  of  this  Convention  on  the  Constitution  of  the 
Confederate  States  of  Ameiica;  and  that  the  journals  of  this  Conven- 
tion and  of  its  proceedings  therjcon,  shall  be  published  under  the  su- 
pervision of  the  President  of  this  Convention,  so  soon  as  the  injunction 
of  secrecy  shall  be.  removed  from  the  proceedings  and  debates  of  the 
Convention  of  the  Congress  assembled  at  Montgomery,  which  formed 
said  Constitution,"  having  considered  these  matters,  beg  leave  to 

Report  : 

That  they  were  attended  by  the  Clerk  of  the  Convention,  and  with 
him  carefully  and  minutely  perused  the  journals  of  the  secret  sessions 
of  this  body,  from  the  22d  day  t>f  December,  A.  D.  1860,  when  the 
Convention  first  sat  with  closed  dpors,  until  the  present  time.  They 
find  that  the  injunction  of  secrecy  has  already  been  removed  from  the 
Ordinances  and  the  more  important  Resolutions  which  have  been 
adopted.  Your  Committee  cannot  say  that  the  removal  of  the  injunc- 
tion of  secrecy  from  the  remainder  of  the  transactions  of  the  Conven- 
tion, and  their  consequent  publication,  is  either  improper  or  incompatible 
with  the  public  interests. 

There  are  a  class  of  resolutions,  the  publication  of  which,  it  was 
objected  in  the  Committee,  might  give  rise  to  a  misconception  of  the 
real  views,  and  a  misconstruction  of  the  true  action  of  this  body.  To 
these  the  attention  of  the  Convention  is  invited. 

On  the  27th  day  of  December  of  the  last  year,  the  morning  after 
JIajor  Anderson  had,  under  cover  of  the  night,  dismantled  and  aban- 
doned Fort  Moultrie,  and  taken  military  and  hostile  occupation  of 
Fort  Sumter,  a  Delegate  offered  the  following  resolution  : 

"  Resolved,  That  it  is  the  sense  of  this  Convention,  that  the  occupa- 
tion of  Fort  Sumter  ou<_'ht  at  once  to  be  regarded  as  an  authorized  oc- 


SECOND  SESSION.  •  545 

cupation,  and  vigorous  military  defences  provided  immediately;" 
which  was  ordered  to  lie  on  the  table.  Many  other  resolutions  to  the 
same  effect  were,  from  time  to  time,  presented,  and  were  also  either 
ordered  to  lie  on  the  table  or  rejected.  To  remove  the  injunction  of 
secrecy,  and  publish  to  the  world  these  and  kindred  resolutions,  it  was 
suggested  might  lead  to  the  idea  that  the  Convention  had,  by  thcjr 
action  on  them,  declined  to  entertain,  or  assert,  and  perhaps  had  denied, 
the  principles  therein  declared,  and  had  thus  placed  themselves  some- 
what in  opposition  to  the  views  expressed  in  their  behalf  by  our  Com- 
missioners to  the  Government  at  Washington. 

In  this  view  your  Committee  do  not  concur.  It  is  well  known  to 
the  members  of  this  body,  that  in  truth  and  in  fact,  the  Convention 
intended  thereby  to  express  no  opinion  as  to  the  authority  and  charac- 
ter of  Major  Anderson's  occupation,  the  same  not  having  been  then,  as 
yet,  affirmed,  denied  or  adopted  by  the  then  Administration,  and  our 
Commissioners  having,  at  that  time,  this,  with  other  complicated  and 
delicate  questions,  for  explanation  and,  if  possible,  for  adjustment. 
The  reasons  thus  indicated,  which  induced  the  action  of  the  Conven- 
tion, do  not,  it  is  true,  appear  on  the  face  of  the  journal  or  accom- 
pany the 'record;  but  this  may  be  said  of  the  proceedings  in  all 
legislative  bodies,  and  which  therefore,  at  last,  must,  in  a  great  meas- 
ure, depend  upon  contemporaneous  history  for  their  explanation  and 
vindication. 

In  reference  to  the  publication  of  the  debates  on  the  subject  of  the 
adoption  of  the  Constitution  of  the  Confederate  States  of  America, 
your  Committee  do  not  perceive  how  the  same  could  be  done  under  the 
authority  of  this  body,  as  no  official  record  of  them  was  kept  under  its 
directions.  They  Would,  therefore,  recommend  the  adoption  of  the 
following  resolutions : 

1.  Resolved,  That  the  injunction  of  secrecy  be  removed  from  all  the 
transactions  of  this  Convention  in  secret  session,  except  in  relation  to 
the  debater  on  the  Constitution  of  the  Confederate  States  of  America, 
and  the  matter  this  day  directed  by  the  Convention  to  be  kept  secret.* 

2.  Rcsohal,  That  as  soon  as  the  injunction  of  secrecy  shall  be  re- 
moved from  the  proceedings  and  debates  of  the  Convention  of  Dele- 
gates, lately  assembled  at  Montgomery,  the  injunction  of  secrecy  shall 


•Resolution  providing  for  subscription  to  the  Confederate  Loan,   from  \\\\\ch 
tlic  injunction  of  Bccrecy  was  removed,  September  17,  1862. 

69 


546  .  APPENDIX  TO  THE 

likewise  be  removed  from  the  debates  of  this  Convention  on  the  Con- 
stitution submitted  for  the  Confederate  States  of  America. 

3.  Resolved,  That  live  hundred  copies  of  the  journal,  public  and 
secret,  and  of  the  reports,  restrlutions  and  transactions  of  this  Conven- 
tion be  printed,  and  separately  five  hundred  copies  in  the  following 
order :  of 

1.  All  the  Ordinances -passed  by  the   Convention,   in   the  order  of 
.  time  (except  the  Ordinances  of  ratification)  ;  together  with 

2.  The  Bills  to  amend  the  Constitution  of  this  State,  ratified  during 
the  late  session  of  the  General  Assembly. 

3.  The  llesolution  for  engrossing  the  Constitution. 

4.  The  Constitution  of  the  State  as  engrossed. 

5.  The  Constitution  of  the  Provisional  Government  of  the  Confed- 
erate States  of  America. 

6.  The  Constitution  of  the  Confederate  States  of  Atuerica. 

7.  The  Ordinance  of  Ratification. 

8.  The  Resolutions  suggesting  amendments. 
And  that  the  same  be  distributed  as  follows  : 

For  the  Executive,  10  copies;  for  the  Legislative  Library  of  the 
Congress  at  Montgomery,  5  copies;  for  the  Legislative  Library  at  Co- 
lumbia, 5  copies ;  for  the  Libraries  of  the  Court  of  Appeals  at  Columbia 
and  Charleston,  each  5  copies;  for  the  Members  of  the  Convention,  and 
Members  of  the  General  Assembly  of  the  State,  each  1  copy;  for 
the  Governors  of  the  several  Confederate  States,  each  1  copy ;  for  the 
Chief  Justice  and  Associate  Justices  of  the  Court  of  Appeals,  and  for 
the  Chancellors  and  Judges  of  the  State,  each  1  copy;  for  the  College 
and  various  public  Libraries  in  the  State,  each  1  copy  ;  for  the  At- 
torney-General, Solicitors,  Secretary  of  State,  Surveyor-General  and 
Treasurers  of  the  Upper  and  Lower  Divisions,  each  1  copy  for  the  use 
of  their  respective  offices ;  and  that  the  residue  be  distributed  under 
the  direction  of  the  President  of  this  Convention. 
All  of  which  is  respectfully  submitted, 

THOMAS  Y.  SIMONS,  Chairman. 


SECOND  SESSIOX.  547 


REPORTS  OF  COMMITTEE  AS  TO  DOCUMENTS  DIRECTED 
TO  BE  ENGROSSED. 

The  Committee  on  Engrossed  Ordinances  beg  leave  to  report : 
That  the  Ordinance  adopted  by  this  body  on  tlic  day  of  the  adjourn- 
•mcnt  of  its  first  session,  entitled,  "An  Ordinance  to  vest  in  the  Gen- 
eral Assembly  the  power  to  establish  Postal  Arrangements,"  has  been 
duly  engrossed  under  the  supervision  of  the  Committee,  and  deposited 
in  the  office  of  the  Secretary  of  State  for  safe-keeping. 
Respectfully  submitted, 

THOMAS  Y.  SIMONS, 

Chairman. 


The  Committee  on  Engrossed  Ordinances  report: 

That  the  Ordinances  and  Resolutions  referred  to  them  have  beea 
duly  engrossed  and  ratified  by  the  signature  of  the  President  and  the 
attestation  of  the  Clerk,  to  wit : 

1.  An  Ordinance  ratifying  the  Constitution  of  the  Confederate 
States  of  America. 

2.  A  Resolution  suggesting  amendments  thereto. 

3.  An  Ordinance  to  amend  an  Ordinance  concerning  citizenship. 

4.  An  Ordinance  to  amend  and  to  repeal  sundry  Ordinances,  and  to 
alter  the  fourth  Article  and  sundry  sections  of  the  Constitution. 

5.  An  Ordinance  to  alter  the  tenth  section  of  the  first  Article  of  the 
Constitution  of  the  State  of  South  Carolina,  and  the  amendment  there- 
of, ratified  the  twenty-eighth  day  of  January,  A.  D.  18G1;  also,  to  alter 
the  tenth  section  of  the  amendment  ratified  on  the  seventeenth  day  of 
December,  1808,  and  likewise  the  second  clause  of  the  eleventh  Article 
of  the  Constitution  aforesaid. 

6.  An  Ordinance  to  ratify  the  Provisional  Constitution  and  Govern- 
ment of  the  Confederate  States  of  America. 

7.  An  Ordinance  to  repeal  in  part  and  to  alter  in  part  an  Ordinance 
to  amend  the  Constitution  of  the  State  in  respect  to  the  Executive 
Department, 

8.  An  Ordinance  to  transfer  to  the  Government  of  the  Confederate 


548  APPENDIX  TO  THE 

States  of  America  the  use  and  occupancy  of  tlio  forts,  arsenals,  navy 
yards,  custom  houses  and  otlier  public  sites  within  the"  limits  of  this 
State. 

9.  A  Resolution  to  provide  for  the. transfer  of  arms,  ordnance  and 
munitions  of  war,  by  this  State  to  the  Government  of  the  Confederate 
States  of  America. 

10.  A  Resolution  to  transfer  the  rcirular  enlisted  troops  of  this  State 
to  the  Government  of  the  Confederate  States. 

11.  A  Resolution  to  provide  fur  tendering  volunteer  forces  to  the 
Confederate  States. 

12.  A  Resolution  authorizing  the  Governor  to  commission  the  officers 
of  the  volunteer  companies  in  certain  cases. 

Respectfully  submitted, 

THOMAS  Y.  SIMONS, 

Chairman. 


SECOND  SESSION.  549 


REPORT  OF  THE  COMMITTEE  ON  ACCOUNTS. 

The  Committee  on  Accounts,  to  whom  were  referred  the  accounts  of 
P.  Brady,  F.  L.  Schouboe  and  J.  L.  Baruwell,  for  services  rendered 
and  articles  furnished  to  the  Convention,  a^k  leave  to  report,  that  they 
have  examined  the  said  accounts,  and  recommend  tliat  the  said  sums 
be  paid  to  the  persons  respectively,  as  below  specified,  to  wit :  To  J.  L, 
Barnwell,  three  dollars  and  sixty  cents ;  to  F.  L.  Schouboe,  twenty- 
three  dollars ;  to  P.  Brady,  fifty-eight  dollars. 
Respectfully  submitted, 

THOMAS  THOMSON,  Chairman. 


550  APPENDIX. 


RESOLUTION 

For  Engrossing  the  Coustitution  of  the  State. 

Resolved,  That  the  Constitution  of  the  State  shall  be  engrossed, 
omitting  all  temporary  provisions,  and  incorporating  all  amendments, 
so  as  to  present  a  symmetrical  whole,  and  that  after  having  been  read 
and  approved  by  the  Convention,  it  shall  bo  ratified. 


THIRD  SESSION. 


COMiNIUNICATION  FROM   HIS   EXCELLENCY   GOVERNOR 

PICKENS. 

In  Convention,  Deckmber  28Tn,  1861, 
In  Secret  Session. 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  inform 
this  Convention  what  regiments,  battalions,  or  companies  of  voluntQcrs 
have  been  organized  within  this  State,  under  any  law  of  this  State,  or 
any  call  of  his  Excellency,  and  are  now  in  existence,  but  have  not  3'ct 
been  mustered  into  the  service  of  the  Confederate  States,  together  with 
the  strength  of  such  organizations,  and  thoir  present  position  and  ser- 
vice. 

Jiesolced,  Th^t  his  Excellency  the  Governor  be  requested  to  com- 
municate to  this  Convention  the  number  of  regiments  from  this  State 
which  have  volunteered  into  the  service  of  the  Confederate  States  for 
the  war — of  that  number,  how  many  are  in  service  without  the  limits 
of  the  State ;  and  how  many  are  in  service  within  the  limits  of  the 
State  ;  and  also,  the  original  and  the  present  strength  of  such  regi- 
ments. 

Resolved,  That  his  Excellency  the  Governor  be  further  requested  to 
communicate  to  this  Convention  the  number  of  regiments  from  this 
State  which  have  volunteered  in  the  service  of  the  Confederate  States 
for  twelve  months — of  that  number,  how  many  are  in  service  without 
the  limits  of  the  State;  and  how  many  are  in  service  within  the  limits 
of  the  State;  and  also,  the  original  and  present  strength  of  such  regi- 
ments That  the  same  information  be  given  of  any  detached  compa- 
nies or  battalions  in  service  for  the  war  or  twelve  months. 

Resolved,  ,That  his  Excellency  the  Governor  be  further  rcf|uested  to 
communicate  to  this  Convention  the  number  of  arms  belonging  to  this 
State,  which  have  been  given  to  regiments  of  this  State,  now  in  the 
service  of  the  Confederate  States,  withouft  the  limits  of  this  State;  how 
many  of  such  arms  have  become  useless  to  such  regiments  by  the  va- 
rious causes  which  have  reduced  the  effective  force  of  such  regiments, 
and  what  measures,  if  any,  have  been  taken  to  have  such  arms  brought 
back  to  this  State. 

70  - 


554  APPENDIX  TO  THE 

Resolve'J,  That  his  Excellency  the  Gbvernor  be  further  requested  to 
coiniuunicate  to  this  Couvcntion  the  number,  grade  and  condition  of 
arms  belonging^  to  'this  State,  issued  to  any  portion  of  the  militia  of 
the  State,  not  in  actual  use  by  reason  of  exemptions  or  disabilities, 
held  or  claimed  by  any  persons  in  part  composing  such  militia,  and 
also  the  number  of  public  arms  now  in  the  State  and  prepared  for  im- 
mediate use. 


Statk  of  South  Carolina, 
Executive  Office,  December  80th,  1861. 

To    THE    irONOBABLE   THE   PrESIDKNT, 

AND  Members  of  the  Convention  : 
I  suppose  that  the  object  of  the  above  resolutions  was  to  obtain  a  full 
development  of  the  military  strength  of  the  State  now  in  service,  and 
also  to  elicit  full  information  as  to  the  military  relations  our  State  and 
State  forces  bear  towards  the  Confederate  authorities,  and  more  parti- 
cularly towards  the  Confederate  General  Cou)manding.  I  tiust,  there- 
ioxfi,  that  the  Convention  will  receive  the  correspondence  I  herewith 
transmit,  which  has  taken  place  between  myself  and  the  Confederate 
authorities  and  Generals,  at  different  periods,  so  as  to  illustrate  our  re- 
lations, and  to  enable  the  Convention  more  clearly  to  comprchcnd^what 
has  been  done,  as  well  as  what  has  not  been  done. 

On  the  first  day  of  March  last,  I  was  notified  that  the  Confederate 
Congress  had  passed  an  Act  to  raise  provisional  forces,  and  that  the 
President  of  the  Confederate  States  also  formally  assumed  the  com- 
mand of  all  matters  connected  w'th  our  defences  and  the  ponduct  of 
the  war.  A  copy  of  this  letter,  from  the  Secretary  of  War,  is  here- 
with transmitted.  Up  to  that  time  1  had,  necessarily,  directed  and 
controlled  everything  of  the  kind.  IJut  soon  after  this,  tl^e  President 
sent  on  a  Confederate  General,  with  full  power  to  take  command  of 
everything  connected  with  the  military.  Whatever  I  have  done  since 
then  has  been  more  by  respectfully  suggesting  than  from  any  right  or 
power  to  execute  any  military  orders  connected  with  the  every-day  ac- 
tual conduct  of  the  war.  I  have  freely  suggested,  and  have  had  the 
satisfaction  to  know  that  the  (Confederate  Generals  have,  in  most  in- 
stances, treated  such  suggestions  with  all  proper  respect,  and  not  un- 


THIRD  SESSION.  555 

frequently  acted  in  accordance  with  them.  But  it  would  be  doing 
great  wrong  to  ine,  and  injustice  to  the  State,  to  hold  any  of  the  State 
autjiorities  strictly  or  entirely  responsible  for  the  conduct  of  the  war.  I 
freely  and  liberally,  in  the  counneiieement,  contributed  all  in  my  power 
to  strengthen  the  Confederate  Government  in  all  its  operations.  Be- 
fore the  Confederate  Government  was  eiKciently  organized,  I  sent  can- 
non into  North  Carolina,  and  artillerymen,  with  thirty  thousand  pounds 
of  powder,  with  shot  and  shell,  to  assist  in  occupying  her  forts.  I 
sent  in  like  manner,  very  much  upon  my  own  responsibility,  two  regi- 
ments of  troops  into  Virginia,  fully  armed  and  equipped,  which  were 
the  first  that  were  sent  from  any  State.  I  also  sent  on^  thousand 
stand  of  muskets,  with  one  hundred  thousand  ball  cartridges,  to  Lynch- 
burg, Virginia,  to  arm  the  Western  troops.  I  sent,  with  ammunition, 
cannon  into  Teiiuessoe,  which  were  planted  above  Memphis,  on  the 
Mississippi  river,  by  an  artillery  officer  and  men. sent  on  by  me.  I  also 
sent  one  thousand  muskets,  and  I  think  it  was  before  the  State  had 
acted  at  aU.  I  also  sent  six  thou,sand  stand  of  arms  to  Florida.  I  sent 
our  first  regiment  to  Virginia,  fully  armed  and  equipped,  into  Confed- 
erate service,  without  makinc:  any  estimate  of  their  arms  and  equip- 
ments, because  I  thought,  and  was  induced  so  to  believe  by  the  Secre- 
tary of  War,  that  by  cold  weather  this  tail,  there  would  be  plenty  of 
arms  brought  in  to  supply  what  might  be  needed  in  the  State.  I  have 
been  grievously  disappointed  in  this  calculation  ;  but  I  must  candidly 
say,  that  it  was,  perhaps,  because  the  Confederate  authorities  had  made 
no  calculation  as  to  the  present  extent  of  the  war,  or  the  new  and  en- 
larjred  demand  for  arms.  The  enormous  increase  of  our  armies,  and 
the  vast  extent  of  our  lines  to  be  defended,  make  it  beyond  the  power 
of  the  Government  to  supply  all  required. 

.  But  I  will  say  to  the  Convention,  in  reply  to  the  resolutions,  that  I 
had,  from  arms  recently  collected  throughout  the  State,  about  bne 
thousand  at  the  Arsenal  in  Colunibia,  and  near  twelve  hundred  in 
Charleston  which  I  have  put  iu  pretty  good  repair.  The  Governor  of 
Virginia  has,  also,  in  the  last  few  days,  sent  me  one  thousand  excel- 
lent muskets,  with  bayonets. 

I  heard  from  General  Bunham,  that  he  had  collected  seven  hundred 
excellent  arms,  belonging  to  the  State,  that  arc  not  now  in  use  with 
our  regiments  in  Virginia.  I  immediately  sent  on  Mr.  Mitchell,  of 
Charleston,  for  them,  and  expect  his  arrival  with  them  every  day.  I 
have  likewise  ordered  in  the  arms  that  arc  in  the  hands  of  what  is 
called  the  Reserves,  in  Charleston  ;  and  the  Ordnance  oflacer  writes  mo 


556  APPENDIX  TO  THE 

that  he  will  receive  about  thirteen  hundred  in  that  way.  I  have  also 
written  the  Mayor  of  Charleston  to  return  back  the  arms  in  the  hands 
of  the  tire  Companies  cf  Charleston.  These  are  about  five  hundred  j 
and  the  Act  constitutinj?  them  a  part  of  the  military,  expires  on  the 
eighteenth  of  January  nest.  I  recently  purchased  nine  hundred  and 
ten  EnLeld  rifles,  for  the  sum  of  forty-one  thousand  and  two  hundred 
dollars — formerly  held  by  Coloi;cl  Cuninfrham.  These  I  hold  to  give 
out  to  flanking  companies  of  the  rcgiiuiiits  mustered  in  for  twelve 
months.  The  Confederate  Government  liave  placed  at  the  disposal  of 
a  Confederate  officer,  twenty-two  hundred  Enfield  rifles,  for  our  troops 
to  be  mustered  ^n — a  portion  of  which  are  given  out.  The  sum  total 
of  all  these  would  be  about  eight  thousand  stand  of  arms.  Out  of 
these  Colonel  Means'  Regiment  and  Colonel  Elford's  have  received  or- 
ders for  arms,  and  also  Major  James'  Battalion,  and  four  other  sepa- 
rate companies,  which  would  reduce  the  amount  to  near  six  thousand, 
that  can  still  be  used  for  troops  mustering  in. 

I  here  take  occasion  most  respectfully  to  urge  every  member  of  the 
Convention  to  exert  all  his  public  and  private  influence  to  get  compa- 
nies .to  come  forward  immediately  and  enroll  themselves  for  the  service 
of  the  country"  There  never  was  a  time  when  we  needed  them  more, 
and  I  most  urgently  suggest  that  every  means  shall  be  instantly  put  in  • 
requisition  to  bring  forward  men  to  serve  in  the  defence  of  our  be- 
loved State.  No  time  is  to  be  lost,  and  delay  may  be  our  ruin.  I 
herewith  enclose  a  full  statement  of  all  the  troops  now  under  arms 
from  Georgetown  to  llardeeville,  amounting  to  twenty  thousand  eight 
hundred  and  forty.  The  paper  sent  in  will  show  the  position  at  pres- 
ent occupied  by  each  corps,  and  its  strength. 

I  also  send  in  a  separate  report  from  the  Adjutant  General's  office, 
of  all  the  troops  actually  mustered  in  belonging  to  this  State  alone.. 
First  those  in  Virginia  and  elsewhere,  and  then  those  n(wv  in  the 
State,  and  all  the  latter  ordered  to  report  directly  to  General  Lee,  as 
Confederate  commanding  officer.  It  will  bo  seen  that  this  State  now  has 
in  service  altogether  thirty-one  thousand  three  hundred  and  eighteen 
men  and  in  service  in  this  State  alone,  twenty-one  thousand  four  hun- 
dred and  ninety-eight,  if  we  include  five  thousand  one  hundred  and 
twelve  in  companies  reported  and  accepted.  Of  these,  seventeen 
thousand  five  hundred  and  sixteen  are  now  actually  mustered  and  re- 
ceived into  Confederate  service.  It  will  be  seen  that  the  letter  of 
General  Lee,  dated  the  27th  instant,  puts  the  number  actually  mus- 
tered   into  Confederate  service,  of  which  he  has  any  acco^nt,  at  only 


THIRD  SESSION.  557 

ten  thousand  and  thirty.six ;  but  in  the  same  letter  he  ?ajs  that  he 
does  not  include  Colonels  IMeans'  and  Elford's  Regiments,  the  Laurens 
13attalion,  and  other  companies  mentioned;  and  I  infer  from  his  re- 
marks that  he  may  not  include  the  forces  in  garrison  in  Forts  Sumter 
and  Moultrie,  or  at  Cole's  Island,  and  perhaps  he  also  does  not  include 
the  forces  at  and  near  Georgetown.  If  all  these  v?ere  included,  then 
the  amount  would  be  about  the  same  as  is  her#n  transmitted,  that  is 
to  say,  about  seventeen  thousand.  If  thjs  does  not  explain  the  dilTer- 
ence,  then  there  is  no  other  way  of  accounting  for  it,  except  that  the 
officers  commanding  Districts  have  not  reported  to  him  fully  the  troops 
that  have  been  sent  forward  from  the  Adjutant  and  Inspector  Gener- 
al's office,  for  the  Adjutant  General  has  sent  in  to  me  a  correct  list 
from  the  rolls  filed  in  his  office,  of  troops  actually  sent  forward  into 
service.  This  report  is  herewith  transmitted.  It  is  believed  that  the 
thirty-one  thousand  three  hundred  and  eighteen  now  actually  mustered 
in  service  from  this  State,  is  the  largest,  in  proportion  to  our  white 
population,  of  any  other  State  in  the  Confederacy.  It  would  thus  ap- 
pear that  the  forces  from  other  States  are  three  thousand  six  hundred 
and  ninety,  making  in  all  twenty-one  thousand  two  hundred  and  fifty- 
one,  now  under  command  of  the  Confederate  Generals.  I  have,  at  the 
camp  near  this  place,  twelve  hundred  men,  now  mustering  in ;  and 
'from  what  is  reported,  I  expect  sixty  more  companies  in  a  few  days — 
making,  for  the  present,  seventy-five  companies,  in  addition  to  the 
troops  Recently  sent  forward.  Our  difficulty  is,  that  the  line  to  be  de- 
fended is  so  very  long.  The  bays  and  inlets  along  our  extensive  sea- 
coast  are  so  nuuicrous,  that  it  is  difficult  to  know  exactly  where  the 
enemy  may  strike  ;  and  we  consequently  have  to  guard  too  many  dan- 
gerous points  at  the  same  time.  If  an  attack  is  intended  to  be  made 
on  Charleston,  their  first  movement  will  probably  bo  through  Stono  or 
North  Kdisto,  and  at  the  same  time  a  demonstration  will  be  made  at 
liuU's  Day,  so  as  to  divert  and  divide  our  forces.  The  resources  of  the 
enemy  on  sea  are  almust  boundless,  and  a  foray  upon  our  exposed 
coast  furnishes  employment  fen-  their  idle  marine  and  the  vagrant  popu- 
hition  of  their  large  cities.  If  they  enter  through  North  Kdisto,  they 
will  approach  Charleston  through  John's  Island;  and  if  through  Stono, 
then  they  will  endeavor  to  silence  our  batteries  there,  and  approach 
over  James'  Island,  to  occupy  the  Ashley  above  Fort  Johnson,  so  as" 
to  shell  the  city.  Thi*  was  tHe  approach  adopted  by  the  British 
in  the  Revolution,  and  again  attempted  in  1813.  Tliey 
cannot  separate   from    their   ve.-sels   without    reserving   a  large  force 


558  appendix:  to  the 

to  keep  open  their  coiuinunications  in  the  roar. with  their  fleet.  They 
cannot,  in  fact,  risk  the  attempt  of  an, attack  on  Charleston  with  much 
less  than  fifty  thousand  luen,  supported  by  cavalry  and  artillery.  If  ' 
we  can  throw  on  Jaincs'  and  John's  Islands  fifteen  thousand  men,  and 
they  are  well  managed,  it  will  be  very  difficult  to  niake  a  successful  at- 
tack. General  Lee  thinks  they  cannot  bring  fifty  thousand  men;  and 
after  examining  our  pBfeitiou  at  the  mouth  of  the  Stono  and  Battery 
Island,  he  thought  they  could,  not,  in  any  event,  succeed  in  marching 
upon  the  city.  He  has  authority  to  order  troops  from  Georgia,  if  we 
are  urgently  threatened,  and  thinks  several  thousand  could  be. thus 
thrown  in. 

The  Secretary  of  War  has  telegraphed  me  that  one  Virginia  and 
two  Tennessee  regiments  have  been  sent  on  to  us,  and  other  regiments 
are  to  follow. 

I  think  we  have  sufficient  ammunition.  In  Forts  Sumter  and' Moul- 
trie there  are  near  eighty-six  thousand*  pounds  of  cannon  powder.  Bat- 
tery Island,  as  the  distributing  artillery  officer  recently  told  me,  has 
near  one  hundred  rounds  for  each  gun.  We  have,  of  rifle  powder, 
forty-one  thousand  pounds,  and  seventeen  thousand  pounds  of  musket 
powder.  If  the  enemy  approach  the  entrance  of  Charleston  harbor,  I 
trust  our  forts  are  in  order  to  receive  theai.  Heavy  vessels  of  war 
cannot  enter  over  our  Bar,  and  any  of  them  must  be  brought  under  the 
•full  range  of  our  guns.  There  are  eighty-seven  guns,  well  mounted, 
at  Fort  Sumter,  and  some  thirty-seven  at  Furt  Moultrie. 

If  our  malignant  enemies  come  in  numbers  like  the  Goths  and  Van- 
dals, with  their  invading  hordes,  we  may  be  overrun;  but  we  can  find 
consolation  and  satisfaction  only  in  doing  our  duty  bravely  and  faith- 
fully. I  feel  the  embarrassments  of  my  own  position,  as  being  held  re- 
sponsible for  military  movements  and  defence  before  the  public,  when, 
in  fact,  I  have  no  real  power,  and  can  only  efl"ect  any  general  purpose 
by  requests  and  suggestions,  which  place  me  in  an  unpleasant  position  if 
unheeded,  and  if  executed  badly,  make  me  liable  to  all  the  censure  in- 
cident to  a  failure.  JMany  things  might  "be  complained  of  on  niy  part, 
but  in  this  great  emergency  I  prefer  to  make  no  public  complaint,  and 
to  aid  the  Confederate  authorities  with  all  the  power  that  I  can  legiti- 
mately bring  forward  to  their  assistance. 

You  will  perceive  from  a  letter,  a  copy  of  which  is  herewith  enclosed, 
that  I  desired,  last  summer,  to  call  ^he  attention  of  the  Cabinet  at 
llichmond  to  the  fact  that,  if  a  defensive  policy  on  the  Potomac  was  to 
be  inaugurated  as  the  settled  policy  of  the  Government,  we  would,  un- 


THIRD  SESSION.  559 

doubtedly,  be  visited  this  fall  with  all  the  dangers  of  a  powerful  fleet 
on  the  element  where  they  arc  strong  and  we  are  weak,  and  that  I  de- 
sired to  know,  so  as  to  prepare  in  time  to  try  and  meet  this  state  of 
things.  The  four  regiments  I  raised  for  Confederate  service,  uncon- 
ditionally for  the  war,  last  August  and  September,  I  obtained  permis- 
sion from  the  War  Department  to  retain  in  this  State  to  meet  this  very 
emergency.  I  also  wrote  the  Department  that  one  of  the  great  difficul- 
ties would  be  the  scarcity  of  arms,  as  I  could  not  positively  promise 
any  more.  I  also  telegraphed  the  War  Department  the  very  first  mo- 
ment I  was  informed  that  the  fleet  of  war  vessels  which  sailed  from 
Hampton  Roads  were  destined  for  Port  Royal,  that  if  they  were  as 
strong  as  stated,  the  danger  was,  that  th(!y  would  pass  the  forts  and 
enfilade  the  batteries. 

It  is  useless  to  disguise  the  fact  that  the  countir  is  under  absolute 
military  coatrol.  We  must  submit  to  it  for  the  present,  as  we  have  no 
power  to  change  it,  even  if  we  wished.  Any  public  complaint  or  di- 
vision, under  existing  circumstances,  would  only  distract  and  divide  us, 
without  the  possibility  of  advancing  the  public  service  or  the  public 
interest  at  all.  I  enclose  with  this  the  letter  directed  to  a  member  of 
the  Cabinet,  in  Richmond,  dated  last  September,  and  which  was  read 
to  the  President,  but  no  reply  has  ever  been  made,  except  an  informal 
one  by  the  gentleman  to  whom  it  was  addressed,  in  which  it  was  stated 
that  the  war  had  grown  beyond  all  the  calculations  of  the  Cabinet,  and 
that  they  were  endeavoring  to  meet,  as  far  as  they  could,  all  the  pres- 
sing emergencies  of  the  country.  I  also  J,ransnut  with  this,  copies  of  let- 
ters written  to  Generals  Lee  a^jd  Rip'ey,  and  their  answers  to  the  same. 
The  one  in  reference  to  General  DeSaussure's  brigade,  I  wrote  after 
consultation  with  him.  The  force  in  the  fourth  brigade,  in  Charleston, 
was  returned  last  summer  at  three  thousand  four  hundred  men,  but  4 
knew  only  sixteen  hundred  were  actually  out,  and  this  is  what  I  in- 
tended in  writing  to  General  Lee  as  to  their  number.  I  have  thus 
communicated  freely  with  your  honorable  body,  but  of  course  there  are 
many  things  I  have  mentioned  that  are  not  intended  for  the  public  in 
any  way.  I  make  this  free  communication,  because  I  feel  that  wc  are 
in  the  midst  of  great  events.  If  we  are  surrounded  with  difficulties, 
so  are  our  enemies.  Any  invasion,  with  large  forces,  by  water,  is  ac- 
companied by  great  expense,  and  subject  to  many  disasters.  They 
may  have  consummate  skill  in  managing  a  navy,  but  may  be  without  the 
traiuing  necessary  for  success  on  land.  If  we  act  with  unanimity  and 
patriotic  zeal,  my  deliberate  couvictiou  is,   that  Charleston   cannot  bo 


560  APPENDIX  TO  THE 

taken.  If  the  Confederate  commanding  officers  act  with  energy  and 
ability,  I  believe  a  sufficient  force  can  bo  assembled  to  meet  and  drive 
back  the  invader. 

But  the  State  requires  that  every  man  shall  do  his  duty.  If  there 
are  any  timid  or  unable  to  fight,  they  had  better  withdraw  from 
Charleston  for  the  present,  and  so,  also,  the  woujen  and  children  that 
can  be  cared  for  elsewhere,  had  better,  perhaps,  be  removed,  because, 
in  threatening  dangers,  they  only  add  to  panij,  and  are  consumers. 
But  let  all  others  go  to  the  field,  and  go  cheerfully.  Let  them  man 
the  guns  and  stand  by  their  layouets,  and,  under  the  blessings  of 
Providence,  the  country  can  be  defended  and  the  city  saved. 

F;  W.  PICKENS. 


REPORT   OF  ADJUTANT  AND  INSPECTOR  GENERAL. 

State  of  South  Carolina, 
Head  Quarters  Adjt.  and  Insp.  Genl'.-  Office, 
Columbia,  Deo.  29th,  18G1. 

His  Excellency  Gov.  F.  W.  Pickens  : 

Sir  :  I  have  the  honor  herewith  to  acknowledge  the  receipt  of 
copies  of  certain  Resolutions  of  the  Convention  of  South  Carolina,  and 
in  accordance  with  your  instructions,  to  submit  a  Report  in  response  to 
such  matters  therein  contained  as  may  b&  referable  to  this  office. 

First. — As  to  "the  number  of  regiments  from  this  State  which  have 
volunteered  in  the  service  of  the  Confederate  States  for  the  war,  of  that 
wiimber  how  many  are  in  service  without  the  limits  of  the  State,  and 
also  the  original  and  present  strength  of  such  regiments,"  I  have  to 
report  the  following  regiments  organized  for  and  during  the  present 
war:  1st,  "  Orr's  Regiment  of  Rifles,"  Col.  James  L.  Orr  command- 
ing ;  2d,  "  1st  RegiMent  S.  C  Volunteers  for  the  War,"  Col.  D.  H. 
Hamilton  commanding;  3d,  "12th  Regiment  of  S  C.  Volunteers," 
Col.  R.  G.  M.  Dunovant  commanding ;  4th,  "  13th  Regiment  of  S.  C. 
Volunteers,"  Col.  0.  E.  Edwards  commanding;  5th,  "  ]4th  Regiment 
S.  C.  Volunteers,"  Col.  James  Jones  commanding;  Gth,  "15th  Regi- 
ment S.  C.  Volunteers,"  Col.  W.  D.  DeSaussure  commanding.  In 
process  of  organization  :  A  regiment  now  consisting  of  six  companies, 
under  command  of  Lieut.  Col.  J.  V.  Moore,  and  a  regiment  now  con- 


THIRD  SESSION.  561 

sisting  of  five  companies,  to  be  commanded  by  Col.  P.  H.  Nelson, 
making  six  organized  regiments,  and  two  in  progress  of  organization. 

Of  these  regiments,  only  one  is  wfthout  the  limits  of  the  State,  sta- 
tioned at  or  near  Suffolk,  Virginia. 

The  original  strength  of  each  regiment  is  as  follows  :  Orr's  Regiment,* 
1,030,  aggregate ;  1st  Regiment,  800^  aggregate ;   12th  Regiment,  789, 
aggregate;  13th  Regiment,  764,  aggregate;  14th  Regiment,  902,  ag- 
gregate; 15th  Regiment,    813,  aggregate;  Moore's   Battalion,   430; 
Nelson's  Battalion,  352,  aggregate. 

The  present  strength  of  the  regiments  can  only  be  ascertained  from 
the  headquarters  of  the  Confederate  Commanding  General,  as  my  con- 
nection with  them  ceases  after  the  muster  into  Confederate  service,  ex- 
cept as  to  simple  matters  of  organization.  If  it  is  your  Excellency's 
desire,  I  will  request  the  information  from  the  Confederate  Command- 
ing Officers  of  the  different  Departments  in  which  the  regiments  are 
stationed. 

Second. — As  to  "  the  number  of  regiments  from  this  State,  which 
have  volunteered  in  the  service  of  the  Confederate  States  for  twelve 
months,  of  that  number  how  many  are  iu  service  without  the  limits  of 
the  State,  and  how  many  are  in  service  within  the  limits  of  the  State, 
and  also  the  original  and  present  strength  of  such  regiments — that  the 
same  information  b^  given  of  any  detached  companies  or  battalions  for 
the  war  or  twelve  mouths,"  I  have  to  report  that  under  Act  of  General 
Assembly  of  December  17,  1860,  the  following  regiments  were  organ- 
ized, and  have  been  since-  mustered  into  Confederate  service  :  1st  Reg- 
iment S.  C.  Volunteers,  for  12  months.  Col.  Hagood  commanding;  2d 
Regiment  S.  C.  Volunteers,  Col.  Kershaw  commanding;  3d  Regiment 
S.  C.  Volunteers,  Col.  Williams  commanding;  4th  Regiment  S.  C. 
Volunteers,  Col.  Sloan  commanding ;  5th  Regiment  S.  C.  Volunteers, 
Col.  Jenkins  commanding;  6th  Regiment  S.  C  Yolunteers,  Col.  Win- 
der commanding;  7th  Regiment  S.  C  Volunteers,  Col.  Bacon  com- 
manding; 8th  Regiment  S.  C  Volunteers,  Col:  Ca«h  commanding; 
9th  Regiment  S.  C.  Volunteers,  Col.  IJeyward  commanding;  10th 
Regiment  S.  C.  A'^olunteers,  Col.  Manigault  commanding;  11th  Regi- 
ment S.  C.  Volunteers,  Col.  Blanding  commanding.:  uudgr  special  au- 
thority of  Confederate  Government,  Hampton's  Legion,  Col.  Hampton 
commanding;  Regiment  of  Coast  Rangers,  Col.  Hatch  commanding; 
and  the  regular  enlisted  force  of  South  Carolina,  consisting  of  eight 
companies  of  infantry.  Col.  John  Dunovant  commanding;  seven  com- 
panies of  artillery,  Lieut.  Col.  Calhoun  commanding ;  and  two  compar 
71 


562  APPENDIX  TO  THE 

nies  of  Dismounted  Dragoons,  Maj.  Lucas  commanding:  also,  under 
authority  of  General  Assembly  of  this  State,  16th  Eegiment  of  S.  C. 
Volunteers,  Col.  Elford  comnuftding;  17th  Regiment  S.  C.  Volun- 
teers, Col.  Means  commanding ;  and  the  Holcombe  Legion,  Col.  Ste- 
'  yens  commanding;  making  in  all  fourteen  regiments,  two  legions,  and 
the  regular  enlisted  force  of  South  Carylina. 

Of  this  number  eight  regiments,  one  legion,  and  one  company,  are 
in  service  without  the  limits  of  the  State. 

The  original  strength  of  each  regiment  is  as, follows  :  1st  Regiment 
of  S.  C.  Volunteers,  for  twelve  months,  850,  aggregate ;  2d  Regiment, 
841;  3d  Regiment,  1,066;  4th  Regiment,  973;  5th.  Regiment,  1,124; 
6th  Regiment,  813  ;  7th  Regiment,  803;  8th  Regiment  819  ;  9th  Regi- 
ment, 761;  10th  Regiment,  1,146;  11th  Regiment,  896;  Regiment  of 
Coast  Rangers,  750;  16th  Regiment,  718;  17th  Regiment,  552;  Ste- 
vens' Legion,  1,120;  Regular  Force,  1,136, 

I  am  unable  to  state  the  original  strength  of  Hampton's  Legion,  it 
having  been  organized  by  Confederate  authority,  and  the  muster  rolls 
not  being  returned  to  this  office.  I  suppose  the  number  to  have  been 
about  1,100. 

I  also  report  the  following  detached  companies  or  battalions  for  the 
war  or  twelve  months  :  For  the  war. — Black's  Squadron  of  Cavalry, 
Lieut.  Col.  Black  commanding;  Palmetto  Battaliifti,  Maj.  White  com- 
manding; Lamar's  Battalion  of  Artillery,  Capt.  Lamar  commanding; 
Manigault's  Battalion,  Maj.  Manigault  commanding;  Capt.  Mangum's 
Company,  Capt.  Boykin's  Company,  Capt.  Shannon's  Company,  Capt. 
Boyce's  Company,  and  Capt.  Coit's  Company.  For  twelve  months. — 
Laurens  Battalion,  Maj.  James  commanding.  The  original  strength  of 
these  Battalions  and  Companies  are  included  in  the  statement  appended 
to  this  report. 

For  the  present  strength  I  must  again  refer  your  Excellency  to  the 
proper  Departments. 

Of  this  number  the  following  corps  are  in  service  without  the  limits 
of  the  State :  Captains  Mangum's,  Boykin's,  Shannon's,  and  Coit's 
Companies. 

Third. — As  to  the  "  i>umber  of  arms  belonging  to  the  State  which 
have  been  given  to  Regiments,  &c.,"  I  would  refer  your  Excellency  to 
report  of  the  Colonel  of  Ordnance ;  and  as  to  "  what  measures  have  been 
taken  to  bring  back  those  arms  which  have  become  useless,"  &c.,  I  will 
state,  that  by  direction  of  your  Excellency,  I  despatched  some  ten  days 
since,  a  reliable  agent  to  the  camps  of  our  regiments  in  Virginia,  to 


THIRD  SESSION.  563 

gather  up  and  bring  back  the  arms  of  the  class  referred  to,  and  •will,  in 
a  few  days,  have  his  report.  From  infor*mation  received  I  expect  ta 
recover  some  six  to  eight  hundred  stand  of  arms.  I  will  also  state  that 
the  Commanding  Officers  of  the  Brigades  and  Regiments  have  been  again 
and  again  most  urgently  and  strictly  enjoined,  to  take  care  of  and  re^ 
turn  the  arms,  &c.,  in  the  hands  of  their  respective  commands,  belong- 
ing to  the  State.  All  troops  sent  beyond  the  limits  of  the  State,  with 
the  exception  of  a  few  companies,  have  been  armed  and  equipped  from 
the  Arsenals  and  stores  of  the  State.  ,     • 

Fourth. — As  to  "what  regiments,  battalions,  or  companies  of  volun- 
teers have  been  organized  within  this  State,  under  any  laws  of  this 
State,  or  any  call  of  his  Excellency,  and  arc  now  in  existence,  but  have 
not  yet  been  mu&tered  itito  the  service  of  the  Confederate  States — to. 
gether  with  the  strength  of  such  organizations,  and  their  present  posi- 
tions and  service,"  I  have  to  report  the  4th  Brigade  of  S.  C.  M.,  Brig. 
Gen.  DeSaussure  commanding,  coysisting  of  1st  Regiment  of  Rifles, 
Col.  Branch,  1st  Regiment  of  Artillery,  Col.  "VYagener,  and  17th  Regi- 
ment, Col.  DeTreville,  commanding,  organized  under  Acts  of  General 
Assembly  of  1841,  and.  subsequent  amendatory  Acts.  This  Brigade 
was  required  for  by  Brig.  Gen.  Ripley,  then  commanding  this  Depart- 
ment, and  is  now  under  the  orders  of  the  Confederate  Commanding 
General.  Col.  Martin's  Mounted  Regiment,  composed  of  companies 
organized  under  a  resolution  of  the  Convention  of  the  State.  This  Reg- 
iment was  also  required' for  by  Gen.  Ripley,  and  is  on  duty,  subject  to 
the  orders  of  the  Confederate  Commanding  General.  Also  the 'Pee 
Dee  Legion,  Brig.  Gen.  Harllee  commanding,  raised  by  authority  of  the 
Governor  for  a  limited  period;  also  required  for  by  Gen.  Ripley,  andis' 
now  undcr'orders  of  Confederate  Commanding  General.  The  strength 
of  this  Legion  on  duty  is  800,  aggregate.  There  are  also  six  companies 
of  State  cavalry,  numbering  about  275  in  the  aggregate,  also  under 
Confederate  orders.  The  original  strength  of  the  regiments  of  the  4th 
Brigade  is  as  follows:  Rifle  Regiment^  879;  17th  Regiment,  874;  . 
Artillery  Regiment,  650.     The  Mounted  Regiment  is  about  600  strong. 

I  have  also  to  report  that  under  Act  of  December  7,  18G1,  I  have 
some  14  companies  in  camp,  and  have  accepted  and  placed  unuer 
marching  orders  for  the  camps  about  GO  additional  con^panies.  These 
companies  have  all  volunteered  for  Confederate  service  for  twelve 
months,  and  are  being  organized  under  Act  of  December  7,  1801,  and 
when  organized  are  sent  forward  in   accordance  with  instructions  of 


564  APPENDIX  TO  THE 

Confederate  Commanding  General,  by  Lieut.  Col.  Jolin  S.  Preston, 
.Asdstant  Adjutant  aud  Inspector  General  of  Confederate  States  Army. 
.  Before  closing  this  Pteport,  I  will  state  that  I  have  issued  orders  again 
and  again,  and.appointed  special  agents  in  each  District,  to  gather  up 
the  scattered  arms  belonging  to  the  State,  with  but  indifferent  saccess. 
These  agents  are  still  at  work,  aud  being  highly  intelligent  and  patri- 
otic gentlemen,  are  not  receiving  any  pay  for  their  services. 

I  append  to  this  Report  a  statement  of  the  troops  embraced  in  the 
foregoing,  classified  as  follows  :  First,  those  in  service  beyond  the  State; 
second,  those  in  service  within  the  State;  third,  those  for  and  during 
the  present  war ;  and  fourth,  those  for  shorter  terms. 
Respectfully  submitted, 

8.  R.  GIST, 
Adjutant  and  Inspector  General  of  S.  C. 


LIST  OF  TROOPS    IN  THE   FIELD   FROM   GEORGETOWN 
TQ  HARDEEVILLE.    • 
Hardeeville — General  Drayton. 

15th  Regiment  of  S.  C.  Volunteers,  Col.  DeSaussure 800 

9th        "  "      "  "  "     Heyward 800 

CoosAWHATcniE — General  Pemberton. 

12t^  Regiment  of  S.  C.  Volunteers,  Col..  Dunovant 800 

13th         "         "      "  "     '        "     Edwards 800 

14th         "         "      "  "  "     Jones 800 

"         "        N.  C.     "  "     Clingman 1,100 

'/         "  "         "  "     RadcliflPe 900 

"         "        Mounted  Men,   «     Martin 600 

Four  Light  Batteries  from  Va.  and  N.  C 400 

Gonzales'  Siege  Train 125 

Regiment  of  Virginians,  Col.  Stark 800 

Two  Tennessee  Regiments,  General  Donelson 1,600 

•'  ,  Adams'  Run — General  Evans. 

17th  Regiment  of  S.  C.  Militia,  Col.  DeTreville 450 

1st         "         ""       "     Rifles,     "     Branch .400 

Black'-s  Squadron  of  Cavalry 350 

Charleston — General  Ripley. 
IGth  Regiment  of  S..  C.  Volunteers,  Col.  Elford 800 


THIRD  SESSION.  565 

17th  Regiiaent  of  S.  C.  Volunteers,  Col.  Means 650 

Holcombe  Legion,  "     Stevens 1,120 

Lam-ens' Battalion,  IMaj.  James 325 

Cole's  Island,  Col.  Hagood 1,050 

Lucas'  Battalion ••. 96 

James'  Island,  two  Companies,       Capt.  Lamar 190 

Fort  Sumter,  Maj.  Wagner 561 

Fort  Moultrie,  Infantry  Regulars,  Col.  Dunovant 583 

Sullivan's  Island,  "      Orr 1,100 

"  "  Lieut.  "     Moore 300 

Coast  Rangers,  "     Hatch 750 

White's  Battalion  of  Artillery,       Maj.   White 240 

Christ  Church,  "    E.  Manigault 260 

Georgetown — Colonel  Manigault. 

10th  Piegiment  S.  C  Volunteers,  Col.  A.  M.  Manigault ],140 

Harllee's  Legion 800 

Cavalry 200 

20,890 

LIST  OF  TROOPS  IN  SERVICE,  DECEMBER  30,  1861. 

First. — Those  in  service  beyond  the  State  : 

1st  Regiment  S.  C  Vols Col.  Hamilton 860 

2d  "  " -Col.  Kershaw 841 

3d  "  "         Col.  Williams 1,066 

4th'        "  " Col;  Sloan.. 973 

5th«        "  "         Col.  Jenkins 1,124 

6th         "  "         Col.  Winder 813 

7th         "     .  "  Col.  Bacon 803 

8th         "  "         Col.  Cash 819 

11th         "  "         Col.  Blanding 896 

Hampton  Legion,      "         Col.  Hampton 1,100 

Calhoun's  Light  Battery      Capt.  Calhoun 84 

Captain  Mangum's  Company ••      84 

Captain  Boykin's  "       ''^ 

Captain  Shannon's         "       "'"* 

CaptainCoit's  "       116 

9,720 


.566  APPENDIX  TO  THE 

Second — Those  in  service  within  the  State : 

1st  Regiment  S.  C.  Vols Col.  Hagood 850 

9th         "  "         -Col.  Heyward '...     761 

10th         "  "         Col.  iManigault 1,120 

12th         "  "         Col.  R.  G.  M.  Dunovant..    789 

13th        "  "        Col.  0.  E.  Edwards 764 

14th         "  "         Col.  Jas.  Jones 902 

15th         "  "•         Col.  DeSaussure 813 

16th         "        .         "         Col.  Elford 713 

17th         "  "         Col.  Means 783 

Holcombe  Legion Col.  Stevens .1,120 

Regular  Enlisted  Force 1,136 

Regiment  of  Coast  Rangers 750 

Battalion  of  Rifles Lieut.  Col.  Moore 430 

Squadron  of  Cavalry Lieut.  Col.  Black 362 

Palmetto  Battalion Major  White 240 

Manigault's  Battalion Major  Manigault 260 

Lamar's  Battalion  of  Artillery...- Capt.  Lamar 196 

Laurens  Battalion ...Major  James 391 

4th 'Brigade Gen.  DeSaussure.....' 2,407 

Pee  Dee  Legion Gen.  Harllee 800 

Mounted  Regiment Col.  Martin 600 

Caval ry  Companies 275 

Orr's  Regiment  of  Rifles Col.  J.  L.  Orr 1,030 

Captain  Boyce's  Company 124 

16,616 
Third. — Those  for  and  during  the  present  war : 

1st  Regiment   S.  C.  Vols Col.  D.  H.  Hamilton 860 

12th         "                  "         Col.  Dunovant 789 

13th         "                 "         Col.  Edwards 764 

14th         "                  "         Col.  Jones 902 

i5th         "                 " Col.  W.  D.  DeSaussure...  813 

Orr's  Regiment  of  Rifles Col.  Orr 1,030 

Battalion  of  Rifles.  Lieut.  Col.  Moore 430 

Squadron  of  Cavalry Lieut.  Col.   Black 362 

Palmetto  Battalion Major  White 240 

Manigault's  Battalion Major  Manigault 260 

Lamar's  Battalion  of  Artillery Captain  Lamar 196 

Captain  Boyde's  Company 124 


THIRD  SESSION.  567 

Captain  Mangum's  Company 84 

Captain  Bojkin's  " 78 

Captain  Shannon's         "       '63 

Captain  Coit's  "       116 

•  _ 

7,111 
FouRTii. — Those  for  shorter  terms  of  service  : 

1st  Regiment  S.  C.  Vols Col.  Hagood 850 

2d          "  "         Col.  Kershaw 811 

3d         "  "        ..." ...Col.  Williams 1,066 

4th         "  ''         Col.  Sloan...., .973 

5th         "  "         Col.  Jenkins .- 1,124 

6th         "  "         Col.  Winder 813 

7th         "  "         Col.  B^con....^. 803 

8th         ".  «         Col.  Cash ! 819 

9th         "  «         Col.  Heyward 761 

10th         "  "         Col.  Manigault 1,146 

11th         "  "  Col.  Blanding 806 

16th        "  " ■ Col  Elford ,.    713 

17th         "  "         Col.  Means !.    783 

Hampton  Legion,  Col.  Hampton 1,100 

Ilolcombe  Legion,  Col.  Stevens 1,120 

Calhoun's  ^ight  Battery,     , Captain  Calhoun 84 

Regular  Enlisted  Force  of  S.  C 1,136 

Regiment  of  Coast  Rangers Col,  Hatch 750 

Laurens  Battalion Major  James 391 

Pee  Dee  liCgion .Gen.  Harllee 800 

Mounted  Regiment Col.  Martin 600 

Independent  Cavalry  Companies - 275 

4th  Brigade,  S.  C.  M Gen.  DeSaussure .2,407 

20,251 


568  APPENDIX  TO  THE 


REPORTS  OF  THE  MILITARY  COMMITTEE. 

The  Committee  on  the  Military,  to  which  was  referred  a  resolution  to 
inquire  into  the  expediency  of  increasing  the  powers  of  the  Adjutant 
General,  kc.^  beg  leave  to  report : 

That  they  have  duly  consider!^  the  subject,  and  are  of  opinion  that 
the  Executive  of  this  State  now  has,  by  law,  all  the  authority  that 
seems  to  be  contemplated  by  the  resolution. 

The  fourth  section  of  the  Act  of  Assembly,  ratified  7th  December, 
1861,  expressly  .directs  and  empowers  the  Governor  to  organize  com- 
panies into  battalions  and  regiments,  as  are  raised  under  its  provisions, 
and  order  elections  forthwith  for  field  officers,  &c.  But  as  some  doubts 
are  entertained,  as  your  Committee  are  advised,  as  to  the  time  when 
sucji  elections  should  be  held,  and  the  organization  of  companies  into 
regiiuonts  delayed  in  order  to  allow  those  desiring  particular  field 
officers  to  arrive  and  hold  an  election,  by  which  some  25  companies 
now  in  camp  are  not  yet  so  organized;  your  Committee  are  t)f  opin- 
ion that  the  subjoined  resolution  should  be  adopted  forthwith,  in 
order  to  put  the  troops  now  in  Camp  HamptOTi  on  actiR'e  service. 
They  therefore  recommend  the  adoption  of  the  accompanying  resolu- 
tion. 

Respectfully  submitted, 

W.  W.  IIARLLEE,   Chairman. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  Governor 
is  authorized  to  organize  such  companies  as  report  and  are  at  their 
rendezvous,  under  the  Act  of  7th  December,  1861,,  into  battalions  and 
regiments  as  soon  as  sufficient  numbers  of  them  arrive  to  form  the 
same,  and  that  at  this  time  the  organization  into  regiments  should  be 
effected  without  delay,  and  the  troops  scut  forward  with  the  utmost 
promptness.  » 


The  Committee  on  the  Military,  to  which  was  referred  a  resolution 
to  authorize  military  officers  *'to  use  promptly  such  force  as  may  in 
their  judgment  be  necessary  to  compel  any  person  or  persons  to  take 


THIIID  SESSION.  5C9 

arms  for  the  defence  of  the  State  without  beiug  obliged  to  seek  the 
aid  of  courts  martial, "  beg  leave  tfi  report  that  they  have  had  the  mat- 
ter referred  under  consideration,  and  concur  in  the  object  of  the  reso- 
lution, inasmuch  as  in  an  emergency  those  belonging  to  organizations 
of  State  troops,  by  refusing  to  go  with  their  commands,  or  leaving 
them  and  not  returning,  would,  to  a  great  extent,  defeat  the  objects  of 
any  expedition  or  movement,  if  all  the  remedy  were  a  court  martial, 
which  would  only  be  fine  or  imprisonment. 

The  officers  in  the  Confederate  service  have  the  authority  now,  and 
constantly  exercise  it,  to  use  force  to  compel  the  attendance  of  trocps 
mustered  into  Confederate  service,  and  it  is  but  proper  that  officers  in 
State  service  should  in  this  emergency  possess  such  power,  with  respect 
to  those  who  are  enrolled  in  their  commands  and  bound  to  perform 
duty  therein,  by  the  laws  of  the  State.  The  resolution  as  referred  to 
the  Committee,  however,  they  regard  too  general,  and  hence  they 
recommend  an  amendment  to  the  same  in  the  following  particulars  : 
strike  out  "  military  "  before  officers,  and  insert  after  "officers"  the 
words  "commanding  regiments,  companies  or  detachments;  "  after  the 
word  persons  insert  the  words  "who  may  be;"  after  the  words  liable 
to,  strike  out  "  militia  duty"  and  insert  "liable  to  service  in  their 
commands  ;  "  after  the  words  defence  of  the  State,  strike  out  the  words 
"and  perform  militia  duty  in  some  of  the  organizations  of  the  State." 

The  Committee  beg  leave  to  report  the  resolution  so  amended,  and 
recommend  its  adoption,  and  when  passed  that  the  injunction  of  secrecy 
be  removed. 

Respectfully  submitted, 

W.  W.  HARLLEE,   Chairman. 

Resolved,  That  all  officers  commanding  regiments,  companies  or  de- 
tachments, while  in  actual  service,  arc  authorized,  and  so  shall  bo 
authorized,  during  the  continuance  of  the  present  war,  to  use  promptly 
such  force  as  may  be,  in  their  judgment,  necessary  to  compel  any  per- 
son or  persons  who  may  be  liable  to  service  in  their  commands  to  take 
arms  for  the  defence  of  the  State  without  being  obliged  to  seek  the  aid 
of  courts  martial. 


72 


570  APPENDIX  TO  THE 


RESOLUTION 

To  provide  for  the  voluntary  removal  of  negroes,  &c. 

Resolved,  That  any  person  or  persons  willing  immediately,  or  in 
anticipation  of  the  order  of  the  commission,  to  remove  their  negroes 
and  necessary  provisions  for  their  support  under  the  terms  of  an 
Ordinance  entitled  "  An  Ordinance  to  provide  for  the  removal  of  ne- 
groes and  other  property  from  portions  of  the  State  that  may  be  invaded 
by  the  enemy,"  be  and  the  same  are  hereby  entitled  to  receive  all  such 
aid,  on  application  to  the  commission,  as  is  prescribed  by  said  Ordi- 
nance to  be  afforded  to  those  who  remove  on  notice ;  and  the  commis- 
sion  is  hereby  directed  to  afford  the  said  aid,  so  far  as  the  same  may  be 
espc^.ient  or  practicable;  and  further,  that  all  means  of  transportation 
shall  be  afforded  by  corporations  and  private  ferries  under  the  terms  of 
said  Ordinance. 


THIRD  SESSION.  571 


EEPORTS  OF  THE  COMMITTEE  ON  THE  CONSTITUTION. 

The  Committee  on  the  Constitution,  to  whom  was  referred  a  resolu- 
tion of  inquiry  concerning;  the  offices  of  Comptroller  General  and  Treas- 
urers, beg  leave  to  report : 

That  they  have  considered  the  luatter  thus  referred  to  them,  and 
have  concluded  that  it  is  inexpedient  for  this  Convention  now  to  inter- 
fere with  it.  They  would  not,  if  they  were  originating  a  government, 
entertain  for  a  moment  the  scheme  in  a  State  so  small  as  this,  of  hav- 
ing a  double  set  of  State  officers — especially  not  two  officers  of  the 
Treasury — so  likely  to  lead  to  complication  of  accounts,  confusion  and 
loss.  They  acknowledge  the  seeming  unfitness  of  an  officer,  created 
by  the  Legislature,  being  placed  to  control  those  to  whom  the  Constitu- 
tion of  the  State  has  committed  the  administration  of  the  Treasury. 
They  believe  that  the  strongest  support  of  the  present  system  is  given 
by  those  who  have  interest  in  the  multiplication  of  offices ;  and  they 
a-ecommend  a  careful  examination  of  our  whole  Treasury  system, 
both  its  organization  and  its  actual  administration,  to  the  Legislature, 
to  whom  the  law-making  power  belongs,  and  who  can  cautiously  and 
deliberately  effect  necessary  changes  of  our  Constitution. 

But  your  Committee  remember  that  this  Convention  has  studiously 
abstained  from  making  any,  the  least  change  in  our  Constitution,  not 
demanded  by  that  peculiar  and  perilous  condition  of  our  affairs,  which 
has  given  origin  and  continuance  to  the  Convention.  They  perceive 
that  when  the  new  State  House  shall  have  been  finished,  the  blending 
of  offices  might  be  effected  with  more  convenience  and  with  greater 
safety  to  the  public  records.  They  hope  that  the  public  authorities 
will  be  careful,  by  removal  or  otherwise,  to  save  the  books  and  papers 
in  all  of  the  public  offices  from  any  imminent  danger;  and  they  are 
not  so  impressed  with  the  sense  of  any  evil  now  existing  as  to  fear  fatal 
consequences  from  delay  in  remedying  it. 

They  therefore  beg  leave  to  be  discharged  from  further  considera- 
tion of  the  subject. 

J).  L.  WARDLAW,   Chairman. 


572  APPENDIX  TO  THE 

The  Committee  on  the  Constitution,  to  w'nich  was  referred  a  resolu- 
tion to  enquire  and  report  on  the  propriety  and  expediency  of  suspend- 
ins,  during  the  present  war,  the  twenty-ninth  section  of  Article  first  of 
the  Constitution  of  this  State,  respectfully  report: 

That  they  have  had  the  matter  under  their  consideration,  and  after 
mature  reflection  have  came  to  the  conclusion,  that  it  would  be  unwise 
and  inexpedient  to  suspend  the  said  section  for  any  period  of  time. 
Respectfully  subn)itted, 

lUCIIARD  DeTREVILLE, 

Chairman  pro  tcm. 


THIRD  SESSION.  573 


REPORTS  OF  THE  MILITARY  COMMITTEE. 

The  Coramittee  on  the  IMilitary,  to  which  was  referred  a  resolution  to 
inquire  if  any  and  wliat  legislation  is  required  in  the  Surgeon  Gene- 
ral's Department,  beg  leave  to  report  that  they  have  considered  tho 
subject,  and  that  inasmuch  as  the  Confederate  Government  has  charge 
of  most,  if  not  all,  of  the  forces  of  the  State  in  active  service,  and  has 
hospitals  established  under  Confederate  Surgeons  where  troops  aro 
posted,  the  Committee  are  of  opinion  that  at  this  time  no  legislation  is 
called  for  by  this  Convention  ou  the  subject  referred,  and  they  ask 
to  be  discharged  from  the  further  consideration  of  the  resolution 
referred  to  them. 

Respectfully  submitted, 

W.  ^y.  HARLLEE,   Chairman. 
January  2,  1862. 


The  Committee  on  the  Military,  to  which  was  referred  a  resolution 
to  inquire  as  to  the  measures  necessary  to  be  adopted  for  the  proper 
arming  and  equipping  of  the  organization  of  Light  Artillery  raised  in 
this  State,  &c.,  beg  leave  to  report,  that  they  have  considered  the  reso- 
lution, and  beg  leave  to  report  the  accompanying  resolutions,  the 
adoption  of  which  is  recommended. 
Respectfully  submitted, 

W.  W.  HARLLEE,  Chairman. 
January  3,  1862. 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  collect, 
as  early  as  practicable,  all  the  valuable  old  pieces  of  Field  Artillery 
belonging  to  the  State,  and  have  new  modern  carriages  made  for  them, 
with  caissons,  and  tho  requisite  number  of  traveling  forges  and  battery 
wagons,  and  also,  when  practicable,  to  purchase  as  many  new  field 
pieces   as,  in   his   opinion,  the  State  may  require,  and   to  hasten   as 


574  APPENDIX  TO  THE 

rapidly  as  possible  all  the   preparations  necessary  for  tbe   complete 
equipment  of  the  Artillery  corps  raised- in  this  State. 

Re&ohetl,  That  his  Excellency  the  Governor  be  requested  to  furnish 
forthwith  Col.  White's  Battalion  of  Light  Artillery,  at  Wappoo  Creek, 
with  small  arms  for  their  use  until  equipped  as  Light  Artillery. 


The  Committee  on  the  Military,  to  which  was  referred  a  resolution 
upon  the  expediency  of  providing  a  prompt  method  of  collecting  the 
public  arms  not  in  service  of  the  State,  of  procuring  arms  from  private 
parties,  of  repairing  arms,  and  of  ensuring  the  manufacture  of  arms, 
beg  leave  to  report : 

That  they  have  had  the  matters  referred  under  consideration,  and 
are  of  opinion,  that  in  regard  to  so  much  of  the  resolution  as  refers  to 
the  collection  of  public  arms  in  the  State  not  in  use,  that  the  most 
eflFectual  method  they  could  recommend  has  been  adopted  by  the  Adju- 
tant General,  as  appears  by  his  report  accompanying  the  communica- 
tiou  of  the  Governor  to  this  Convention,  which  was  that  special  agents 
had  been  appointed,  and  are  still  at  work  to  collect  the  scattered  public 
arms. 

That  with  respect  to  procuring  arms  from  individuals  willing  to 
part  with  the  same,  your  Committee  are  of  opinion  that  the  general 
power  granted  to  and  exercised  by  the  Governor,  to  purchase  arms, 
embraces  that  of  procuring  private  arms.  That  your  Committee  are 
informed  by  the  Adjutant  General  that  all  arms  collected,  and  those 
needing  repairs,  are  put  in  the  hands  of  gunsmiths  at  once  for  repairs. 

To  secure  the  manufacture  of  arms  in  the  State,  is  in  the  opinion  of 
your  Committee,  a  subject  of  great  importance.  They  have  made 
inquiries  on  this  subject,  and  have  ascertained  that  such  could  be  done, 
provided  the  State  would  make  some  advance  to  procure  machinery, 
&c.,  for  which  security  could  be  had,  either  to  refund  the  advance  or 
pay  for  it  by  the  guns  manufactured,  and  with  the  view  of  aiding  in 
so  advantageous  an  enterprise,  they  beg  leave  to  report  the  subjoined 
resolution,  and  recommend  its  adoption, 
llespcctfully  submitted, 

W.  W.  IIARLLEE,  Chairman. 

Resolved,  That  the  Governor  be  authorized  and  directed  to  make  a 


THIRD  SESSION. 


><o 


contract  with  some  suitable  party  or  parties  for  the  manufacture  of 
arms  in  this  State,  and  that  he  be  authorized  to  advance  such  sum  of 
money  as  may  be  required  (not  to  exceed  twenty-five  thousand  dcUars), 
upon  getting  proper  security  therefor  to  be  refunded  or  paid  for  in  arms 
so  manufactured  :  Provided,  that  all  arms  so  contracted  for  shall  be 
subjected  to  a  rigid  inspection  by  an  instructed  ordnance  officer. 


The  Committee  on  the  Military,  to  which  were  referred  the  commu- 
nication of  his  Excellency  the  Governor,  with  the  Iieport  of  the  Adju- 
tant and  Inspector  General  and  accompanying  documents,  as  ta  the 
forces  of  this  State  in  Confederate  service,  and  the  public  arms  in  use 
by  those  forces,  and  those  ready  for  use,  &c.,  beg  leave  to  report,  that 
they  have  had  the  same  under  consideration,  and  as  the  information 
afforded  in  the  communication  and  accompanying  documents  is  valuable, 
they  recommend  that  the  same  be  placed  on  the  records  of  the  Conven- 
tion, as  they  add  in  an  important  degree  to  the  history  of  the  action  of 
this  State  in  an  extraordinary  period  of  her  existence. 
Respectfully  submitted, 

W.  W.  IIARLLEE,   Chairman. 

January  4,  1862. 


The  Committee  on  the  Military,  to  which  was  referred  a  resolution 
to  consider  and  report  as  to  the  expediency  of  organizing,  in  some  effi- 
cient form,  that  portion  of  the  Militia  of  this  State  between  the  ages  of 
sixteen  and  eighteen  years  in  the  City  of  Charleston,  so  as  not  to  inter- 
fere with  their  educational  pursuits,  beg  leave  to  report,  that  they 
have  considered  the  same,  and  though  they  regard  it  lamentable  that 
the  prospects  of  education  of  the  youth  of  the  State  is  so  seriously  im- 
periled by  the  facility  with  which  they  get  into  the  military  service, 
and  are  to  a  grcaC  extent  diverted  from  all  thoughts  of  study  and  some- 
times demoralized  by  promiscuous  association  in  camp,  yet  they  regard 
it  inexpedient  for  this  Convention  to  interfere  to  apply  a  corrective. 

The  only  remedy  that  could  be  applied,  would  be  a  prohibition  on 
thia  class   from    going    into   service   at   all,   which    might,   in   many 


576  APPENDIX  TO  THE 

instances,  prove  detrimental.  Your  Committee,  therefore,  are  of 
opinion  that  it  should  be  left  to  the  discretion  of  parents  and  teachers 
to  check  the  growing  tendency  of  boys  to  enter  military  service  at  the 
expense  of  their  education  and  future  usefulness,  and  they  regard 
legislation  by  this  body  on  the  subject  inexpedient, 
llespectfully  submitted, 

W.  W.  riARLLEE,  Chairman. 
Jauuary  4,  1862. 


The  Committee  to  which  was  referred  an  "  Ordinance  to  provide  an 
armed  force  for  the  defence  of  the  State,  and  to  establish  the  mode  in 
which  forces  for  the  existing  war  shall  be  raised  in  this  State,  beg  leave 
to  report,  that  though  they  regard  many  of  the  provisions  of  the  Or- 
dinance of  great  importance,  yet  that  the  organization  of  troops  is 
now  progressing  under  the  Act  of  the  Legislature  recently  passed,  which 
provides  for  a  levy  of  two  thirds  of  the  arms-bearing  population  of  the 
State.  The  Committee  do  not  deem  it  expedient  at  this  time  for  this 
body  to  make  any  radical  changes  by  legislation,  as  it  may  create 
confusion  and  delay,  and  produce  new  constructions  on  a  system  of 
militia  laws  now  so  numerous  and  complicated  as  that  it  is  even  diflScult 
for  the  most  experienced  to  master  their  details  and  properly  reconcile 
them. 

Your  Committee,  therefore,  recommend  that  the  Ordinance  do  not 
pass. 

W.  W.  IIARLLEE,  Chairman 

January  4,  1862. 


THIRD  SESSION.  577 


REPORT  OF  SPECIAL  COMMITTEE  NO.  1. 

The  Special  Committee  No.  1,  to  winch  was  referred  the  Act  of  the 
Legislature,  entitled  "An  Act  to  provide  more  efficient  Police  regula- 
tion for  the  Districts  on  the  seaboard,"  with  instructions  to  inquire 
whether  certain  alterations  should  not  be  made  in  that  Act,  beg  leave 
to  report,  that  they  have  examined  the  subject  and  think  it  inexpedient 
to  make  any  alterations  at  this  time  in  the  Act,  and  ask  to  be  discharged 
from  the  further  consideration  of  the  subject., 
Respectfully  submitted, 

R.  W.  BARNWELL,  Chairman. 


73 


578  APPENDIX  TO  THE 


PtEPORTS  OF  COMMITTEE   ON  ACCOUxNTS. 

The  Committee  on  Accounts,  to  wlioia  was  referred  the  account  of 
Lewis  Jones,  Sheriff  of  Edgefield  District,  for  serving  the  warrants  of 
election  to  fill  the  vacancy  occasioned  by  the  death  of  the  Hon.  F.  H. 
"Wardlaw,  respectfully  beg  leave  to  report:  That  they  have  examined 
the  said  account,  and  recommend  the  same  be  paid. 

All  of  which  is  respectfully  submitted, 

11.  T.   ALLISON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
the  Editor  of  the  Marion  Star,  for  advertising  an  Act  to  provide  for 
calling  a  Convention,  and  also  for  advertising  the  Proclamation  of  the 
President  for  convening  the  Convention,  beg  leave  to  report :  That  they 
have  considered  the  same,  and  recommend  that  the  same  be  paid. 

ROBERT  T.  ALLISON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
Theodore  Stark,  State  House  Keeper,  for  firewood  furnished  and  ser- 
vants' hire  for  the  present  Convention,  ask  leave  to  report :  That  they 
have  considered  the  same,  and  recommend  the  said  account  be  paid. 

All  of  which  is  respectfully  submitted, 

R.  T.  ALLISON,  Chairman. 


THIRD  SESSION.  579 


REPORT  OF  THE  COMMITTEE  ON  COMMERCIAL  RELA- 
TIONS AND  POSTAL  ARRANGEMENTS. 

The  Comuiittec  on  Commercial  Relations  and  Postal  Arrangements, 
to  whom  was  referred  the  resolution  of  inquiry,  as  to  the  expediency 
of  memorializing  the  Congress  of  the  Confederate  States  to  pass  an 
Act  to  repeal  or  suspend,  for  at  least  five  years,  the  Act  imposing 
.duties  on  imports  from  neutral  nations,  beg  leave  respectfully  to  report : 

That  they  have  considered  the  same,  and  are  of  opinion  that  it  would 
be  inexpedient,  at  this  time,  for  the  Convention  to  take  any  action  on 
the  subject,  and  they  therefore  ask  leave  to  be  discharged  from  fur- 
ther consideration  of  the  subject. 

BENJAMIN  F.  DUNKIN,   Chairman. 


580  APPENDIX  TO  THE 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolinn,  reas- 
peiublcd  by  appointment  of  the  President  thereof,  at  Columbia,  oa 
tlie  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued,  by 
divers  adjournments,  to  the  eighth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-two. 

REPORT   AND   RESOLUTIONS    OF   SPECIAL   COMMITTEE 

NO.  2. 

The  Special  Committee  No.  2,  "charged  with  considering  and  re- 
porting upon  the  proper  action  of  the  State,  in  case,  at  any  time, 
further  valuable  portions  of  our  territory  should  be  pronounced  untena- 
ble by  the  military  authorities,"  respectfully  report: 

That  they  immediately,  on  their  appointment,  proceeded  to  con- 
sider the  grave  matter  committed  to  their  charge,  and,  after  several 
consultations,  concluded  to  withhold  their  report  until  the  Convention 
should  act  on  the  reports  of  Special  Committees  Nos.  1  and  5.  This 
Committee  unanimously  concur  in  the  general  line  of  policy  indicated 
in  the  Ordinance,  reported  by  Special  Comnjittee  No.  1,  and  adopted 
by  the  Convention,  and  ask  leave  to  report  resolutions  to  extend  the 
provisions  of  the  original  Ordinance  to  white  inhabitants  of  Charleston, 
incapable  of  conducting  their  own  removal,  and  to  modify  its  provisions 
in  reference  to  the  removal  of  negroes  from  that  city. 

Id  regard  to  the  City  of  Charleston,  your  Committee  cannot  believe 
that  it  will  ever  be  pronounced  untenable  by  the  military  authorities 
until  the  trial  of  strength  and  endurance  has  been  tested  to  the  utter- 
uiost.  They  recommend  that  it  should  be  expressed,  as  the  sense  of 
the  People  of  South  Carolina  assembled  in  Convention,  that  Charleston 
should  be  defended  at  any  cost  of  life  or  property  ;  and  that,  in  their 
deliberate  judgment,  they  would  prefer  a  repulse  of  the  enemy,  with 
the  entire  city  in  ruins,  to  an  evacuation  or  surrender,  on  any  terms 
whatever.  The  Committee  oppose  altogether  the  idea  of  abandonment 
until  both  the  defending  army  and  the  city  are  .so  far  destroyed  that  no 
provision   need   bo   made   for   further   action.     If,  however,   the  city 


THIRD  SESSION.  581 

should  be  abandoned  to  the  enemy,  contrary  to  the  expressed  wish  of 
the  people  of  the  State,  your  Committee  cannot  bring  themselves  to 
recommend,  as  has  been  suggested  by  some,  that  the  city  should  be 
destroyed  by  the  hands  of  her  own  citizens,  irrespective  of  the  command 
of  the  military  authorities.  The  Committee  have  deliberated  with 
painful  anxiety  upon  this  mutter,  but  while  they  highly  approve  a 
defence  like  that  of  Zaragossa,  they  cannot  perceive,  in  the  circum- 
siancos  of  Charleston,  enough  to  coaunond  to  her  citizens  the  example 
of  Moscow.  The  Committee  think  the  injury  which  njight  be  inflicted 
in  this  way  on  the  enemy,  quite  too  inconsiderable  to  warrant  a  pro- 
ceeding so  very  much  more  disastrous  to  ourselves.  Indeed,  the  Com- 
mittee are  inclined  to  believe  that  the  destruction  of  the  city  is 
precisely  that  which  the  enemy  desire  and  design.  The  Committee 
believe  that  an  indiscriminate  burning  of  the  city  could  not  be  effected 
without  destroying  the  lives  of  a  very  large  portion  of  the  non-com- 
batant inhabitants,  whose  removal  could  not  be  accomplished.  Let  the 
responsibility  of  so  terrible  a  calamity  rest  upon  the  enemy.  The 
Committee  accordingly  recommend  that  the  Convention  should 
express  its  disapproval  of  the  suggestion  of  a  voluntary  burning  of  the 
city  by  the  citizens.  To  the  military  authorities  they  have  nothing  to 
suggest  on  this  point. 

The  Committee  recommend  the  adoption  of  the  following  resolutions  : 

liesolveJ,  That  the  provisions  of  the  Ordinance  to  provide  for  the 
removal  of  negroes  and  other  property  from  portions  of  the  State  which 
may  be  invaded  by  the  enemy,  be  extended  to  the  removal  of  those 
persons  in  the  City  of  Charleston  who  by  reason  of  age,  sex  or  infirmity 
arc  incapable  of  taking  part  in  its  defence,  if  such  removal  becomes 
necessary  in  the  judgment  of  the  commission  herein  provided  for. 

Resolved,  That  a  commission  of  five  citizens  of  Charleston  be  chosen 
by  this  Convention,  whose  duty  it  phall  be  to  execute  within  the  City 
of  Charleston  the  provisions  of  the  Ordinance  aforesaid,  and  of  this 
resolution. 

Resolved,  That  in  case  any  expense  is  incurred  by  the  Commissioners 
in  the  removal  of  white  persons,  such  persons  shall  bo  liable  to  repay 
buch  expense  to  the  Commissioners — which  repayment  may  be  enforced 
by  action  of  debt  in  any  Court  of  common  law. 


582  APPENDIX. 

RESOLUTIONS  REMOVINa  THE  INJUNCTION  OF  SECRECY 
AS  TO  THE  FOREGOIXa  REPORT  AND  RESOLUTIONS. 

Resolveil,  That  the  injunction  of  secrecy  be  removed  from  the  report 
and  resolutions  of  Special  Committee  No.  2,  adopted  by  the  Conven- 
tion, in  so  far  as  to  permit  the  communication  of  a  certified  copy  of 
the  said  report  and  resolutions  to  each  of  the  Commissioners  for 
Charleston,  with  leave  to  make  known  so  much  of  the  same  as  may  be 
necessary  to  the  several  parties  interested  therein,  and  to  the  Command- 
ing General  of  the  Confederate  forces  in  this  State  and  the  Confeder- 
ate of&cer  commanding  at  Charleston,  and  that  the  President  be 
instructed  to  notify  the  Commissiuuers  of  their  election. 

Resolved,  That  the  Commissioners  for  Charleston  be  each  furnished 
with  a  copy  of  the  "  Ordinance  to  provide  for  the  removal  of  negroes 
and  other  property  from  portions  of  the  State  which  may  be  invaded 
by  the  enemy,"  with  the  same  right  to  communicate  the  same,  as  by  a 
previous  resolution  of  this  Convention  is  given  to  the  Commissioners 
for  the  Districts  of  Georgetown,  Horry,  Charleston,  Colleton  and 
Beaufort, 

Done  at  Columbia,  the  eighth  day  of  January,  in   the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F.  JAMISON, 
President  of  the  Convention. 

Attest :  B.  F.  Arthur, 

Clerk  of  the   Convention. 


FOURTH   SESSION. 


COMxMUNICATION    FROM     HIS     EXCELLENCY     THE 
GOVEIINOR. 

State  o?  South  Carolina, 

Executive  Office, 
September  9th,  1862. 
To  the  President  and  31enihers  of  the  Convention : 

The  fifth  section  of  the  Ordinance  creating  an  Executive  Council, 
requires  that  the  Governor  "shall  communicate  to  this  Convention, 
and  to  the  General  Assembly,  at  every  meeting  of  either  body,  full  in- 
formation concerning  the  transactions  of  the  Council,  and  the  condition 
of  every  Department." 

The  eighth  section  of  the  same  Ordinance  requires  that  "on  the  first 
day  of  each  meeting  of  the  People  in  Convention,  the  record  of  all  the 
proceedings  of  the  Governor  and  Council  had  prior  thereto,  shall  be 
laid  before  such  Convention,  and  the  said  proceedings  shall  be  subject 
to  review,  and  to  repeal,  or  such  modification  by  the  Convention  as  to 
it  shall  seem  proper." 

The  first  section  of  the  same  Ordinance  declares  that  the  Council 
created  "shall  be  called  the  Executive  Council,  which  shall  consist  of 
the  Lieutenant  Governor  and  three  other  citizens  of  the  State,  to  be 
chosen  by  ballot  by  the  Convention." 

The  Council,  so  created,  established  separate  Departments,  and  ap- 
pointed heads  to  the  same. 

In  conformity  with  the  provisions  quoted,  I  herewith  transmit  the 
original  books  of  record  kept  by  the  Council,  in  order  that  you  may 
"examine  all  the  proceedings,"  and  in  addition  to  this,  I  herewith 
transmit  the  reports  from  the  heads  of  the  difieront  Departments 
established.  I  also  transmit  copies  of  all  military  correspondence  I 
have  had,  of  any  importance,  with  the  President  or  Secretary  of  War, 
and  the  Governors  of  States,  and  with  the  Confederate  Generals  com- 
manding, together  with  military  telegrams,  necessary  to  give  your  body 
full  information  as  to  what  has  been  done  in  the  State,  and  the  present 
situation  of  our  afl'airs. 

As  I  was  uninformed  in  regard  to  the  entire  objects  and  purposes  to 
be  effected  by  the  Convention  in  creating  this  Executive   Council,  I 
74 


586  APPENDIX  TO  THE 

left  the  construction  of  its  powers  very  much  to  the  members  appointed 
by  your  body  to  administer  the  powers  conferred. 

I  acquiesced,  and  am  not  responsible  for  many  measures,  as  original, 
positive  measures,  but  rather  as  secondary  or  alternative  measures, 
under  the  peculiar  circumstances  of  the  case. 

F.  W.  PICKENS. 


FOURTH  SESSION.  687 


REPORT  OF  THE  CHIEF  OF  THE  DEPARTMENT  OF  THE 

MILITARY. 

Department  of  the  Military,  S.  C, 
Columbia,  August  30,  1862. 
To  HIS  Excellency,  Governor  Pickens  : 

Sir:  In  obedience  to  your  requirement,  made  under  the  fifth  section 
of  "An  Ordinance  for  strengthening  the  Executive  Depurtnient  during 
the  exigencies  of  the  present  war,"  passed  by  the  People  of  South  Caro- 
lina, in  Convention  assembled,  in  January  last,  I  have  the  honor  most 
respectfully  to  submit  the  following  report : 

On  the  8th  day  of  January,  18G2,  I  received  a  request  from  your 
Excellency,  "  to  meet  the  members  of  the  Executive  Council  for  the 
purpose  of  being  organized,  as  directed  by  the  Ordinance."  On  the 
next  day,  which  was  the  one  appointed,  all  the  members  of  that  Coun- 
cil met  your  Excellency  at  the  Executive  Office,  and  proceeded  to  or- 
ganization. The  plan  I  proposed  for  the  formation  of  Departments 
was  adopted,  and  I  had  the  honor  of  being  assigned  to  the  control  of 
the  Department  of  the  Military. 

On  the  17th  of  the  same  month  "the  rules  made  and  estab- 
lished by  the  Governor  and  Council,  for  the  management  of  the  De- 
partment of  the  Military  of  the  State,"  prepared  by  myself,  were,  with 
a  few  modifications,  adopted,  and  I  then  entered  on  the  duties  of  that 
Department.     A  copy  of  these  rules  is  appended,  (marked   A.) 

On  the  18th  of  January,  special  orders  were  issued  by  me  to 
the  several  bureaus  placed  under  my  control,  requiring  a  full  report  of 
the  condition  of  each.  From  the  shape  and  incompleteness  of  most  of 
these  statements,  it  was  apparent  that  the  "  Army  Regulations"  had 
not  been  sutficiently  the  standard  of  form.  Long  experience  has 
demonstrated  that  the  close  observance  of  these  rules  is  essential  to  the 
cstabli.>sliment  of  system,  the  attainment  of  accuracy,  and  the  enforce- 
ment of  economy  in  the  administration  of  military  affairs.  The  system 
of  regular  and  specific  requisitions,  according  to  form,  for  each  month 
or  quarter,  was  entirely  neglected  ;  and  henco,  perhaps,  the  several 
bureaus,  with  one  exception,  were  burdened  with  debt  when  I  came 
into  olBcc.      The   want   of  ca^h   and  punctuality   in   payment,    made 


588  APPENDIX  TO  THE 

prices  higher  to  the  State  than  to  some  other  buyers  and  contractors.  In 
some  instances,  as  I  am  informed  bj  the  heads  of  bureaus,  purchases 
were  made  at  a  rate  enlianced  five  per  cent,  on  cash  prices.  This  evil 
was  socn  remedied,  by  enforcing  strict  conformity  to  the  rules  of  regu- 
lar, specific,  monthly  requisitions,  and  upon  them,  supplying  the  money 
for  each  mouth  in  advance.  In  this  I  was  promptly  and  efficiently 
aided  by  all  the  officers  under  this  Department. 

It  was  my  desire  to  present  accurately  to  your  Excellency  the  condi- 
tion of  affairs  in  the  Military  Department  on  the  1st  day  of  January 
last,  but,  despite  of  the  most  unremitting  exertions,  I  am  not  able  to 
do  so,  because  of  the  entire  neglect  of  that  system,  order  and  ob- 
servance, and  application  of  the  regulations  I  have  referred  to.  As 
drill  and  discipline  are  indispensable  to  fit  the  soldier  for  the  field,  so 
time,  experience,  and  a  thorough  knowledge  of  approved  forms,  are 
equally  essential  to  qualify  the  officer  for  his  bureau,  and  the  clerk  for  his 
desk.  It  is  no  reflection,  therefore,  upon  your  officers  to  intimate  that, 
as  citizens,  aroused  from  the  peaceful  pursuits  of  an  entire  life,  without 
the  requisite  experience,  or  superior  guidance,  they  should  be  for  a 
time  embarrassed,  and  perliaps  confused,  by  the  suddenness  with  which 
the  vast  and  multiform  mi.itary  interests  of  the  State  and  country 
were  pressed  upon  them.  I  have  called  your  attention  to  this  poiut,  to 
account  for  any  apparent  deficiency  in  extent  of  inforuiation  or  accu- 
racy in  detail  during  the  period  alluded  to,  and  which  it  might  have 
been  in  my  power  to  avoid,  and  my  pleasure  to  supply,  if  the  bureau 
provisions  of  the  Army  llegulatious  had  been  enforced  from  the  date 
of  secession  to  the  establishment  of  this  Department.  I  have  another 
object,  and  the  main  one,  which  is  to  urge  that  these  Regulations  be 
strictly  observed  in  the  future,  as  they  furnish  the  only  plan  whereby 
the  fiaances  of  the  State  can  be  efiectuaily  guarded,  its  resources  prop- 
erly developed  and  economically  applied,  and  full  justice  be  always 
done  to  the  soldier,  by  the  State  being  ever  ready  to  supply  his  wants. 

It  gives  me  great  pleasure  to  bring  to  your  attention,  and  through 
you  to  the  State,  my  acknowledgments  for  the  many  valuable  sugges- 
tions, as  well  as  hearty  cooperation,  of  the  heads  of  bureaus,  in  my  en- 
deavors to  produce  order,  efficiency  and  economy.  I  refer  you  to  the 
numerous  elaborate  statements,  exhibits,  reports  and  accounts,  made 
from  their  several  offices,  on  file  in  this  Department,  as  furnishing  ample 
proof  of  the  fact  that  their  positions,  at  least,  have  not  been  sinecures. 
And  while  our  hearts  thrill  with  gratitude  and  admiration  for  the  heroic 
achievements  of  our  war-worn  soldiery  in  the  field,  we  must  not  forget 


FOURTH  SESSION.  589 

the  silent,  incessant  and  unapplauded  toil  of  these  officers,  upon  whose 
labor  depends,  in  no  small  degree,  the  credit  of  the  State,  and  the 
maintenance,  comfort  and  efficiency  of  the  army.  Without  fidelity  and 
efficiency  in  the  Quartermaster,  Commissary  and  Ordnance  Depart- 
ments, the  genius  of  Napoleon  would  be  brought  to  nought.  They 
should,  therefore,  be  considered  as  of  the  highest  importance,  and  filled 
always  and  only  with  the  ablest  and  most  faithful  and  experienced 
officers. 

By  a  brief  analysis,  I  propose  to  show,  from  the  reports  of  the  sev- 
eral bureaus,  the  extent  of  information  they  convey.  It  will  exhibit 
their  condition  on  the  1st  of  January  and  the  1st  of  July,  1802, 
embracing  the  first  two  quarters  of  the  current  year.  I  propose,  also, 
to  add,  in  appropriate  location,  the  more  important  occurrences  of  the 
present  quarter,  and  to  the  date  of  this  report,  and  all  other  matters  of 
interest  in  a  military  way,  although  not  immediately  connected  with 
any  of  the  bureaus. 

ADJUTANT  AND    INSPECTOR  GENERAl/s  BUREAU. 

First,  the  strength,  condition  and  movements  of  our  forces. 
From  reports  of  the  Adjutant  and  Tnspector  General's  Office,  I  have 
compiled  a  statement  (in  the  Appendix  marked  B.),  showing  that  on 
the  1st  of  January,  18G2,  the  troops  from  this   State,  under  Confed- 
erate orders,  were  as  follows  : 

For  the  war 7,111  men. 

For  shorter  periods 20,251     " 

Aggregate 27,362     " 

Of  this  number,  4,082  were  State  militia,  not  mustered  into  Confed- 
erate service,  leaving  really  in  Confederate  service,  subject  to  Confed- 
erate control,  only  23,280  men.  It  appears  from  the  same  report  that 
there  were  at  that  time  sixty-four  companies  of  "  twelve  months  volun- 
teers, for  Confederate  service,"  either  in  camp  of  instruction  or  under 
marching  orders  for  it.  The  report  contains  nothing  in  relation  to  the 
condition  of  the  militia  of  the  State. 

Upon  assuming  the  duties  of  this  Department,  I  found  the  militia  of 
the  State  virtually  disorganized.  The  causes  were  manifest,  and  may 
be  stated  as  follows :  First,  the  heavy  drain  which  had  been  made  upon 
it.  Including  the  sixty-four  companies  in  process  of  formation,  esti- 
mated, say  at  5,000,  with  the  27,362  already  in  service,  there  was  then 
au  abstraction  of  its  strength  of  5ome  32,362  men,  more  than  half  of 


590  APPENDIX  TO  THE 

our  arms-bearing  population.  Second,  the  indisciiniinate  recniiting 
actively  going  on,  by  special  authority  from  Richmond,  by  officers  in 
service,  to  fill  up  their  ranks,  by  calls  from  the  State  to  complete  requi- 
sitions not  fully  answered,  and  by  consequence  of  the  Act  of  Decem- 
ber, 1861,  vacating  all  commissions  under  the  grade  of  General,  with 
the  exception  of  volunteer  companies  in  the  4th  Jirigade  S.  C.  M.  At 
this  time,  also,  there  were  regiments  and  companies  in  the  field,  so 
scant  in  number  as  to  make  it  proper  to  relieve  them,  for  the  purpose 
of  reorganization  ;  and  there  were  hundreds  in  camp,  and  some  in  front 
of  the  enemy,  without  arms  of  any  kind. 

On  the  2d  of  February  last,  the  Secretary  of  War  made  a  call  upon 
the  State  to  filU  up  the  quota  of  troops  enlisted  for  the  war,  to  an  amount 
equal  to  "six  per  centum  of  the  total  wliite  population."  Assuming 
our  population  to  be  300,000,  the  quota  would  be  18,000  men.  The 
Secretary  supposed  we  had  furnished,  up  to  that  time,  about  6,000 
men  for  the  war,  and  called  at  once  fur  five  more  regiments,  expecting 
to  make  up  the  remainder  by  rcl'ulistmcnt  among  the  twelve  months 
volunteers.  Being  satisfied  that  he  had  under-estimated  the  number  of 
men,  both  for  the  war  and  for  twelve  months,  I  called  oathe  Adjutant 
and  Inspector  General  for  a  report,  setting  forth  the  facts.  That  re- 
port was  made  on  the  20th  of  February,  1862,  and  exhibits  for  the 
war  9,340  men,  and  for  twelve  months  21,321 — total  30,670,  sent 
into  Confederate  service.     (See  my  report  in  Appendix,  marked  D.) 

Before  the  letter  of  the  Secretary  reached  your  Excellency,  1  had 
repaired  to  Charleston,  in  answer  to  several  pressing  calls  connected 
with  the  military  condition  of  the  State,  and  with  the  duties  of  my 
office.  While  there,  I  conferred  freely  with  the  Confederate  General 
in  command  of  that  District,  with  General  Gist,  and  communicated 
with  General  Lee,  on  the  various  necessities  of  our  military  condition. 
Under  instructions  of  the  Governor  and  Council  (see  accompanying 
papers.  No.  1),  I  issued  orders  for  the  reorganization  of  the  4th  Brig- 
ade, S.  C.  M.,  as  one  of  the  readiest  means  of  obtaining  immediate  aid 
to  meet  threatening  dangers.  With  the  Adjutant  and  Inspector  Gene- 
ral, I  considered  and  discussed  the  best  mode  of  permanent  organiza- 
tion of  the  militia,  to  meet  promptly  whatever  demands  might  be  made 
upon  us.  (See  report — accompanying  papers.  No.  2.)  On  my  return, 
about  the  12th  of  February,  I  found  the  rc(juisition  of  the  Secretary 
of  War,  of  which  your  Excellency  had  prcviouj^ly  sent  me  a  copy. 
My  first  step,  under  the  authority  of  the  Governor  and  Council,  was  to 
isj-ue  appeals  to  the  army  of  the  rotomao,  to  the  twelve  months  troops 


FOURTH  SESSION.  591 

in  this  State,  &c.,  to  cliange  the  term  of  their  enlistment  from  twelve 
months  to  the  war.     (Sec  accompanying  papers,  No.  3.) 

The  report  of  the  20th  of  February,  already  referred  to,  disclosed 
the  fact,  that  although  the  troops  for  the  war  exceeded  the  esti- 
mate of  the  Secretary,  still  they  were  far  below  the  quota  required  of 
the  State.  To  meet  this  deficiency  in  the  quickest  and  most  effectual 
way,  as  well  as  to  establish  a  system  of  reserves,  to  answer  promptly 
all  demands  in  future,  on  the  7th  of  March,  1862,  the  Governor 
and  Council  adopted  a  scheme  prepared  by  the  Adjutant  and  Inspector 
General  Gist,  in  conjunction  with  myself.  It  was  a  system  of  enroll- 
ment and  conscription.  (See  accompanying  papers,  No.  4.)  The  only 
patent  defect  in  the  scheme,  is  the  clause  of  exemptions.  The  wisdom 
of  the  measure  must  be  proved  by  its  results.  Under  its  stimulus, 
volunteering  took  place  with  such  alacrity  that  our  skeleton  organiza- 
tions were  rapidly  filled,  and  new  formations  made.  There  was  no 
necessity  for  drafts  any  where  in  the  State  for  Confederate  service,  ex- 
cept in  the  City  of  Charleston,  where  the  Adjutant  General  encountered 
every  species  of  harassment  and  delay.  (See  accompanying  papers, 
No.  5.) 

On  the  28th  of  April,  1862,  the  State  had  not  only  furnished 
the  five  regiments  called  for,  but  had  exceeded  the  quota  by  four 
thousand  and  sixty-four  men,  as  appears  from  the  report  of  the  Adju- 
tant and  Inspector  General  of  that  date.     (See  Appendix,  C.) 

Our  conscription  rolls  had  been  completed,  and  the  process  of  organ- 
ization and  transfer  was  going  on,  when,  on  the  16th  of  April, 
1862,  the  Confederate  Congress  passed  its  Conscription  Act.  This 
law,  taking  from  the  control  of  the  State  all  of  its  arms-bearing  men 
between  the  ages  of  eighteen  and  thirty-five,  threw  our  militia  and  con- 
script reserves  again  into  confusion;  in  fact,  entirely  destroyed  the 
latter  organization.  The  history  of  Forts  Beauregard  and  Walker — the 
condition  in  which  the  State  then  was — pitiably  weak  and  unprepared — 
excited,  confused,  and  at  the  mercy  of  a  bold  and  daring  invader — 
gave  us  a  lesson  which  we  would  be  criminal  to  forget,  or  fail  to  im- 
prove. It  became,  therefore,  necessary  for  us  to  adopt  a  new  scheme, 
and  that  speedily,  to  insure  our  protection.  Accordingly,  on  the 
24  th  day  of  April,  1862,  I  had  the  honor  to  submit  to  the  Gover- 
nor and  Council  a  plan  for  the  organization  of  two  corps  of  reserves — 
one  for  active  duty  in  the  field,  the  other  for  police  and  patrol  duty. 
(The  resolutions,  regulations,  orders  and  other  papers  relating  to  the 
subj  ect,  will  be  found   in   the  accompanying  papers,   No.   6.)     I  am 


592  APPENDIX  TO  THE 

happy  to  state  that  we  have,  of  the  first  corps,  ten  regiments,  fully  or- 
ganized and  oflSccred,  besides  one  company  of  mounted  rifles,  and  othera 
forming.  It  is  believed  that  from  them  we  could  throw  five  thousand 
effective  men,  at  short  notice,  into  the  field,  to  check  the  enemy  until 
our  Confederates  could  appear.  We  have  ammunition  and  arms  of 
good  quality — many  of  them  the  most  approved  kind — sufl&cient  in 
number  to  arm  the  whole.  The  Conibahce  Eangers,  organized  under 
resolution  of  the  Governor  and  Council,  have  been  accepted,  and  are 
now  in  the  special  police  and  military  service,  for  which  they  were 
organized.  According  to  my  information,  they  are  rendering  useful 
and  valuable  service. 

Some  insubordination,  in  the  first  corps,  has  occurred  in  several  Dis- 
tricts, namely,  in  Marlboro',  York  and  Lexington,  the  causes  of  which, 
and  tlie  means  taken  to  reduce  it,  will  be  spoken  of  hereafter. 

From  the  report  of  the  Adjutant  General,  of  this  date,  it  appears 
that  the  troops  from  this  State,  sent  into  Confederate  service,  are  as 
follows  : 

Infantry — Twenty-eight  regiments,  two  legions,  eight  battalions,  two 
companies. 

Artilhrt/ — Two  regiments,  one  battalion,  eighteen  companies. 

Cavalry — Two  regiments,  five  battalions,  seven  companies. 

Total — Thirty-two  regiments,  two  legions,  fourteen  battalions,  twenty- 
seven  companies.  Making  an  aggregate  of  forty-three  thousand  men 
contributed  by  the  State  to  the  public  service.     (See  Appendix,  E.) 

While  engaged  in  anxious  labor  to  uphold  the  credit  of  the  State,  by 
responding  to  every  just  demand,  and  to  defend  her  honor  and  maintain 
her  interests,  we  were  startled  by  the  intelligence  of  the  purpose  of  tho 
Confederate  General  to  abandon  the  control  of  the  approach  to  George- 
town, and  thereby  throw  open  all  that  valuable  region  to  the  invasion 
and  ravages  of  a  ruthless  enemy.  Protests  and  expostulations  were 
immediately  made  against  it.  General  Ilarllee  was  sent  at  once  to 
General  Pemberton,  to  couimunicate  with  him  on  the  subject,  and  to 
enforce,  by  a  personal  interview,  the  wishes  and  opinions  of  the  Governor 
and  Council.  Upon  his  return,  (General  Ilarllee  made  a  verbal  report, 
stating  that  General  Pemberton  declined  to  annul  his  order  for  the 
abandonment  and  dismantling  of  the  forts,  but  intimated  his  intention 
to  leave  such  troops  in  the  vicinity  as  the  exigencies  of  the  service 
elsewhere  would  permit.     The  President  was  addressed  on  the  subject, 


FOURTH  SESSION.  593 

and  I  asked  him  for  guns,  that  we  might  undertake  the  defence  our- 
selves. I  believed  then,  and  I  believe  now,  that  the  region  could  have 
been  successfully  protected  by  us  against  the  inroads  and  raids  of  the 
enemy,  even  if  totally  abandoned  by  the  Confederate  General.  Gov- 
ernor R.  F.  W.  Allston  was  the  bearer  of  the  coniniunication  to  the 
President,  and  succeeded  in  obtaining  two  fine  rifle  guns,  with  equip- 
ment and  ammunition — one  a  six  pounder,  and  one  a  twenty-four 
pounder — which  were  receipted  for  and  deposited  at  Florence,  subject 
to  the  order  of  General  Harllce,  whose  report  (see  accompanying  papers, 
No.  7)  will  show  how  they  were  finally  disposed  of.  To  use  the  guns 
and  other  arms  wliich  we  had  to  meet  the  emergency,  a  call  was  made 
for  one  thou.';an  J  men — subsequent!}^  reduced  to  five  hundred — to  be 
taken  from  the  4th  Division  of  South  Carolina  Militia,  and  from  two 
adjacent  regiments  in  another.  General  llarllce  was  appointed  by  the 
Governor  and  Council  to  organize  and  command  them.  Accordingly, 
orders  were  issued  to  him  to  assemble  the  Colonels  of  the  several  regi- 
ments indicated,  and  arrange  with  them  the  proportion  and  manner  of 
supplying  the  call,  either  by  volunteers  or  by  draft,  if  neces.sary.  All 
the  necessary  ordnance,  Quartermaster  and  Commissary  supplies  were 
immediately  ordered  to  the  points  indicated  by  General  Harllce,  where 
they  were  received.  Nothing  was  wanting  but  men.  The  orders  is- 
sued by  General  Harllee,  now  on  file  in  this  Department,  and  referred 
toby  him  in  his  report,  show  that  there  was  no  want  of  eifort  on  his 
part  to  accomplish  a  work  so  important,  and  for  which  he  had  mani- 
fested so  much  zeal.  It  is  with  pain,  sir,  that  I  state  to  you  the  fact, 
that  while  the  men  were  in  the  country,  the  spirit  was  wanting.  Very 
few  volunteered,  and  it  became  necessary  to  resort  to  a  draft.  Even 
this  was  eluded,  to  a  great  extent,  by  the  rushing  of  those  who  were 
liable  into  Confederate  service ;  many  among  those  who  submitted  to 
the  draft  refused  to  obey  the  orders  of  General  Harllee  j  some  took  to 
concealment,  while  others  stood  in  open  defiance  of  the  law;  others, 
again,  became  predatory  outlaws,  and  threatened  acts  of  violence  and 
robbery  in  the  vicinity  of  the  few  troops  which  did  assemble  at  Stone's 
Landing,  on  the  Pee  Dee.  This  state  of  things  demanded  the  imme- 
diate attention  of  the  Governor  and  Council.  Ry  their  direction,  the 
proper  orders  were  issued,  copies  of  which  will  be  found  in  the  ac- 
companying papers  (No.  7  a).  Some  of  the  recusants  were  seized  and 
put  into  prison  ;  others  warned  and  summoned  for  trial  before  a  court 
martial.  Rut  the  court  itself  seemed  to  have  been  inadeqtiate  to  the 
conception  or  performance  of  its  duty,  and  the  defaulters  escaped. 
75 


594  APPENDIX  TO  THE 

Perhaps  it  may  be  well  to  inquire  into  the  supposed  causes  which 
produced  this  unhappy  and  disgraceful  state  of  affairs.  I  do  not  be- 
lieve that  the  body  of  the  people  in  that  section  of  the  country  were 
unpatriotic,  or  inclined  to  the  disobedience  of  lawful  authority.  I  feel 
otherwise,  for  from  that  very  quarter  a  full  proportion  of  gallant  sol- 
diers have  been  sent  to  the  field  in  Confederate  service.  But  the  time 
of  the  call  was  unpropitious  to  the  agricultural  interest ;  the  country 
to  which  they  were  ordered  was  supposed  to  be  unhealthy  at  that  sea- 
son. The  activity,  and  most  of  the  energy,  had  been  already  extracted ; 
the  love  of  ease,  convenience,  and  the  desire  to  pursue  ordinary  voca- 
tions, had  their  full  influence  among  those  who  remained.  Still,  I  be- 
lieve these  would  have  been  overcome,  but  for  the  fact  that  there  were 
some  leading  men,  disaffected  to  the  existing  Government  of  the  State, 
who  seized  upon  the  facts  I  have  mentioned,  and  endeavored  to  poisoa 
the  minds  of  the  people  by  inculcating  the  idea  that  the  authority  from 
which  the  orders  emanated  was  unconstitutional — that  the  Convention 
of  the  people  of  South  Carolina  was  without  lawful  existence,  and  with- 
out power.  They  were  stimulated  and  supplied  with  noxioMS  pabulum, 
through  the  channels  of  an  uninformed  press.  All  have  stricken  at 
the  sovereignty  of  the  State.  Thus,  sir,  were  ignorance,  indolence, 
selfishness,  disaffection,  and,  to  some  extent,  disappointed  ambition, 
comlioed,  and  made,  unwittingly,  to  aid  and  abet  the  enemy,  and,  in 
like  manner,  to  become  the  coadjutors  of  Lincoln  and  all  the  hosts  of 
abolition  myrmidons. 

It  is  believed  that  in  this  way,  and  by  such  influences,  the  Execu- 
tive authority  of  the  State  was  frustrated,  and  prevented  from  securing 
from  devastation  one  of  the  finest  and  richest  portions  of  our  country. 

The  abandonment  of  the  forts  and  the  region  about  Georgetown,  by 
the  Confederate  Government,  came  upon  us  at  a  most  inauspicious  mo- 
ment. All  the  troops  we  had  then  organized  were,  but  a  short  time 
before,  transferred  to  the  Confederacy,  to  fill  up  the  quota  required  by 
the  Secretary  of  War ;  and  all  the  conscripts  we  had  then  enrolled, 
and  from  among  whom  we  could  have  raised  a  force  ample  for  the  de- 
fence of  our  eastern  coast,  were,  at  the  very  moment  of  need,  swept 
from  us  by  the  Consciiption  Act  of  Congress. 

In  this  connection,  permit  me  to  inform  you  that  there  are  certain 
recusant  Captains,  who  mock  at  the  power  of  the  Convention,  and  pre- 
tend to  defy  the  Executive  authority  which  it  has  instituted  for  the 
exigencies  of  the  war.  (See  accompanying  papers.  No.  8.)  It  is 
hoped  that  calm  reflection  and  a  returning  sense  of  what  is  due  to  the 


FOURTH  SESSION.  595 

State,  in  her  present  emergency,  will  render  unnecessary  an  appeal  to 
the  higher  powers  of  the  law.  But  if  this  hope  shall  prove  fallacious, 
then  I  trust  your  Excellency  and  the  Council  will  approve  of  the  mea- 
sures I  have  prepared  to  reduce  them  to  obedience,  to  vindicate  the 
majesty  of  the  law,  and  to  uphold  the  outraged  dignity  of  the  State. 

I  ask  leave,  also,  to  submit,  for  the  inforniation  of  your  Excellency, 
as  part  of  the  proceedings  of  my  Department,  the  telegrams  from  the 
Miiyor  of  Cheraw  and  General  Prince,  commanding  7th  Brigade  of  S.- 
('.  M.,  in  relation  to  the  expected  advance  of  the  enemy's  gunboats 
up  the  Pee  Dee  River ;  the  authority  I  gave  them  at  their  request ;  to 
the  protest  of  many  of  the  worthy  citizens  of  Marlboro'  District, 
against  the  proceedings  of  General  Prince ;  and  my  reply  to  the  said 
protest.     (See  accompanying  papers,  No.  9.) 

The  question  of  exemption  from  military  service,  and  the  seeming 
conflict  between  the  State  and  Confederate  law  on  that  subject,  was  a 
source  of  some  embarrassment,  and  made  heavy  drafts  upon  our  time 
and  attention. 

The  exemption  of  overseers — a  matter  so  important  to  the  agricul- 
tural interests  of  the  State,  and  so  essential  to  a  proper  system  of 
police — the  Convention  saw  fit  to  confide  to  the  Adjutant  and  Inspector 
General  of  the  State.  But  the  exemption  of  all  other  classes  was  left 
exclusively  under  the  control  of  the  Governor  and  Council. 

Finding  that  much  anxiety  prevailed  on  the  subject,  I  caused  the 
Adjutant  and  Inspector  General  to  issue  a  notification  to  all  concerned, 
that  those  who  held  certificates  of  exemption  from  the  State  authority, 
would  be  protected  under  them.  Subsequently,  and  on  the  3d  day  of 
April,  I  addressed  a  letter  to  the  Secretary  of  War,  at  Richmond,  rep- 
resenting the  importance  of  the  matter — suggesting  a  plan  whereby 
all  difliculty  could  be  avoided,  and  urging  the  exemption  of  overseers 
and  military  cadets.  The  reply  of  the  Secretary  was  not  satisfactory. 
In  the  latter  part  of  June,  and  early  in  July,  when  I  was  charged  by 
the  Governor  and  Council  to  represent  the  interests  of  the  State  in 
Richmond,  I  brought  the  subject,  among  other  matters,  to  the  attention 
of  the  Secretary,  and  again  urged  upon  him  its  importance.  I  stated 
to  him,  that  if  there  was  one  great  leading  principle  which  distin- 
guished the  original  contest  between  the  Confederate  and  the  United 
States,  it  was  the  difi"erence  between  them  in  relation  to  the  sovereignty 
of  the  States.  We  warred  to  maintain  the  sovereignty  and  equality  of 
each  and  all  of  our  States,  while  they  endeavored  to  obliterate  tho 
States  and  consolidate  a  despotic  empire ;  that  the  Governor  and  Coun- 


596  APPENDIX  TO  THE 

cil  must  be  governed  by  our  view  of  the  principle  in  insisting  upon 
the  exemption  ;  that  we  were  but  the  agents  of  the  Convention,  which 
represented  the  sovereignty  of  tlie  State,  and  which  had  imperatively 
commanded  the  exemption  of  overseers  in  stated  cases;  that  for  us  the 
Ordinance  of  the  Convention  was  paramount  law,  and  that  we  owed  it 
to  the  sovereign  power  to  insist — we  had  no  alternative.  The  Secre- 
tary, of  course,  could  not  alter  the  law  of  Congress,  but  assured  me 
.there  should  be  no  conflict — that  he  had  instructed  his  officer  charged 
with  the  subject,  to  protest  in  cases  where  the  State  insisted,  and  send 
up  the  matter  to  Richmond.  The  question  now  has  taken  that  turn, 
where  it  rests  for  the  present.     (Sec  accompanying  papers,  No.  10.) 

The  power  of  appointment  to  office  in  the  organizations  known  as  the 
Eegular  Artillery,  Infantry  and  Cavalry  of  South  Carolina,  has  pre- 
sented another  vexed  question,  causing  much  correspondence,  and 
some  conflict.  The  power,  for  what  seemed  to  be  sufficient  reasons, 
though  not  admitted  to  be  in  the  President,  was  finally  transferred  to 
him.  For  full  information  on  this  subject,  I  refer  you  to  the  papers 
which  accompany  this  report.     (See  accompanying  papers,  No.  11.) 

In  obedience  to  the  resuiutious  of  the  Governor  and  Council,  I  cor- 
responded with  the  Confederate  General  commanding  in  South  Caro- 
lina, in  relation  to  guards  for  the  railroad  bridtjes  and  trestles  in  this 
State.  It  will  be  seen  that  he  declined  to  make  a  detail  of  men  for 
that  purpose.     (See  accompanying  papers,  No.  12.) 

The  defence  of  the  City  of  Charleston  has  been,  to  us  all,  a  source 
of  constant  solicitude.  I  have  looked  with  deep  interest,  and  some 
anxiety,  on  the  preparations,  material  and  progress  of  the  defensive 
works.  By  request,  I  have  ventured  suggestions,  and  by  authority  of 
the  Governor  and  Council,  I  have  had  correspondence  and  personal 
interviews  with  the  l^residcnt  and  General  Cooper,  in  Richmond, 
touching  all  these  subjects.  Of  my  official  visit  to  Richmond,  I  made 
a  verbal  report  to  the  Governor  and  Council,  which,  under  all  the  cir- 
cumstances, I  trust  your  Excellency  will  hold  to  be  sufficient.  I  found 
the  President,  the  Secretary  of  War  and  General  Cooper  keenly  alive 
to  the  importance  of  an  efiectual  defence  of  the  City  and  State,  and 
willing,  at  all  times,  to  do  all  in  their  power  to  advance  our  wishes  and 
interests.  From  the  President,  I  am  able  to  tender  the  State,  through 
you,  the  assurance,  that  when  the  day  of  trial  comes,  he  will  not  be 
unmindful  of  his  duties — nor  grudging  nor  slack  in  his  performance  of 
them.     (See  accompanying  papers.  No.  7  b.) 

Being  impressed  with  the  inadequacy  of  the  communication  between 


FOURTH  SESSION.  597 

Charleston  and  James'  Island,  as  well  as  between  the  city  and  the  forts 
in  the  harbor,  I  directed  Mr.  J.  R.  Niernsce,  who  was  engaged  in 
building  fiats  to  transport  stone  for  the  Santee  obstruction,  so  to  in- 
crease his  force  as  to  enable  him  to  build  a  suflScient  number  to  estab- 
lish an  easy  and  adequate  communication  between  White  Point  and 
James'  Island.  He  has  experienced  great  difficulty  in  procuring  either 
material  or  labor.  The  work,  therefore,  is  for  the  time  suspended.  I 
submit,  however,  that  it  should  not  be  permanently  discontinued.  The 
gallant  defence  at  Secessionville  has  saved  the  city,  'i  he  brave  and 
indomitable  Lamar,  and  his  gallant  comrades,  while  winning  renown 
and  immortal  honor  for  themselves,  have  placed  their  country  under 
obligations  of  lasting  gratitude. 

The  defeat  of  the  enemy  at  Secessionville,  and  the  great  victory 
before  Richmond,  have  obtained  for  us  a  short  respite,  which  I  trust 
will  be  properly  improved. 

As  germain  to  the  subject,  I  ask  leave  to  state  the  connection  of  this 
Department  with  the  vexatious  question  of  impressment  of  negro  labor. 
It  began  with  correspondence  with  General  Ripley,  in  Charleston.  On 
my  return  to  this  place,  on  the  Gth  of  February,  18()2,  I  had  the  honor 
of  proposing  to  the  Governor  and  Council  the  following  resolution  : 

^^  Resolved,  That  it  be  referred  to  the  Chief  of  Justice  and  Police, 
to  inquire  into  and  report  on  the  propriety  of  lescinding,  suspeuding  or 
modifying  any  Act  or  resolution  of  the  General  Assembly  of  this  State, 
giving  power  to  the  Governor  and  commanding  General  or  Generals  of 
the  Confederate  States,  in  South  Carolina,  to  impress  and  seize,  with- 
out notice,  the  negroes  and  other  property  of  the  citizens  of  this  State; 
also,  upon  the  expediency  of  adopting  such  resolutions  as  will  at  the 
same  time  procure  prompt  and  cfiicient  labor  to  the  Confederate  Govern- 
ment in  this  State,  and  protect  the  citizens  from  unnecessary  irritation 
or  injustice." 

It  was  not  acted  on,  for  some  good  reason,  I  suppose,  probably  b> 
causc  we  were  induced  to  believe  that  each  call  would  be  the  last. 
This  Department  after  that  had  no  connection  with  the  subject.  Sub- 
sequently, it  was  considered  by  me  only  as  a  member  of  the  Council. 
My  communications  on  that  subject  will  be  found  in  the  accompanying 
papers  (No.  13).  I  ask  attention  to  the  correspondence  between  Gen. 
Jiipley  and  myself,  a.s  early  as  February  last,  to  show  that  the  Confed- 
erate conjmanders  did  not  then  contcniplate  the  present  magnitude  of 


598  APPENDIX  TO  THE 

their  works,  as  I  have  recently  aflBrnicJ,  in  my  communication  to  tbe 
Commissioners  of  Roads  for  Abbeville. 

Early  in  July  last,  information  was  received  from  General  Pemberton, 
announcing  the  advance  of  the  enemy's  pruuboats  up  the  Santoe,  and 
asking  for  State  troops  to  defend  the  railroad  bridge  across  that  stream. 
Adjutant  General  DeSaussure  was  immediately  despatched  to  organize 
the  force  called  out,  and  conduct  the  movement.  For  an  account  of 
his  proceedings  I  refer  to  his  report,  herewith  sent,  (See  accompany- 
ing papers,  No.  14.) 

The  Legii^lature,  at  its  extra  session  in  ISGl,  appropriated  the  sum 
of  twenty  thousand  dollars  for  recruiting  and  reonlisting  the  regular 
forces  of  the  State.  And  again,  in  December,  at  the  regular  session, 
by  resolution,  authorized  the  Governor  to  apply  the  additional  sum  of 
fifteen  thousand  dollars  to  the  same  purpose.  What  proportion  of  this 
sum  was  expended  before  the  formation  of  this  Department,  I  have  no 
means  of  ascertaining.  Since  that  time  seventeen  thousand  dollars 
have  been  expended,  or  remittjd  to  the  following  officers: 

To  Major  Thomas  Wagner 312,500 

To  Major  J.  C.  Simkins 2,500 

To  Captain  T.  li.  Fer-usou 2,000 

^17,000 

All  returns  of  moneys  spent  are  made  and  vouched  at  the  Depart- 
ment of  the  Treasury,  and  as  none  have  reached  me,  I  refer  you  to  the 
Chief  of  that  Department  for  further  information.  I  believe,  however, 
that  there  has  been  no  regular  return,  except  by  Major  Simkins. 

QUARTERMASTER  GENERAL's  BUREAU. 

For  the  condition  in  which  this  bureau  was  found,  for  the  changes 
in  its  organization,  I  had  the  honor  to  suggest,  in  order  to  make  its 
operation  lawful,  efficient,  and  more  economical,  I  ask  leave  to  refer  to 
a  report  made  by  me  in  Februar-y  last.  (Sec  accompanying  papers, 
No.  15.)  The  returns  made  in  obedience  to  orders  from  this  Depart- 
ment show  that,  notwithstanding  the  heavy  payments  made  during 
three  months,  from  the  1st  of  October,  ISOl,  to  olst  December,  1801, 
amounting  to  ^070,177  17,  this  bureau  was,  on  the  1st  day  of  January, 
1802,  burdened  with  a  debt  of  nearly  §170,000.  It  was  consequently 
trammeled  in  its  operations.  It  might  have  been  profitable,  if  it  had 
been  po.ssible,  to  pursue  the  investigations  through  a  period  anterior, 


FOURTH  SESSION.  599 

but  this  could  not  be  done,  because  I  have  failed  to  obtain  any  satisfac- 
tory records  or  returns,  or  any  showing  whatever,  previous  to  the  ad- 
ministration of  the  lute  Col.  Glover.  And  even  from  these  I  am  unable 
to  collect  that  detailed  information  on  some  points  which  it  was  desira- 
ble to  present  in  this  report.  There  is,  however,  sufficient  evidence  to 
show  that  a  large  part  of  this  heavy  expenditure  was  made  on  account 
of  the  clothing  department,  established  under  the  order  of  your  Excel- 
lency, in  September,  1861.  Should  the  amount  due  for  clothing  ever 
be  collected,  it  will  properly  go  to  the  credit  of  that  outlay,  as  should 
also  a  due  proportion  of  the  issues  of  the  present  ytar,  and  of  the  stock 
on  hand  on  the  1st  day  of  July,  1802. 

The  cash  transactions  of  the  first  two  quarters  of  the  current  year, 
as  condensed  from  the  returns  on  file  in  this  Department,  exhibit  the 
following  results  :     (See  Appendix,  F.) 

Keceipts  from  all  sources,  from  January  1  to  July  1, 1862. .^274, 522  05 
Expenditures  for  all  purposes 209, 'f02  29 


*Palanceon  hand  July  1,1862 P4,819   76 

Of  this  balance,  $30,000  are  held  in  thirty  several  Confederate 
bonds,  bearing  8  per  cent,  interest,  which  I  directed  the  Quartermaster 
General  to  take  in  payment  for  sales  made  to  the  Confederate  Govern- 
ment. The  annual  interest  of  these  bonds  will  more  than  pay  the 
salary  of  the  Quartermaster  General.  Of  the  expenditures,  ^169,047  56, 
more  than  three-fourths  of  the  whole  amount,  were  required  to  meet  the 
liabilities  incurred  before  this  Department  was  established,  leaving 
the  comparatively  moderate  expenditure  of  ^70,654  73  for  the  transac- 
tions of  the  current  year.  This  sum  includes  the  cxtraordlnury  expense 
of  removing  the  bureau  and  stores  from  Charleston  to  Columbia.  The 
changes  in  the  bureau  force,  suggested  in  my  report  referred  to,  and 
authorized  by  the  Governor  and  Council,  have  been  made.  The  results, 
as  exhibited  in  the  Appendix  (marked  G.),  show  a  reduction  of  more 
than  half  in  the  item  of  salaries,  an  annual  saving,  when  compared 
with  the  highest  expenditure,  as  shown  in  the  account,  of  §8,305  60, 

•  Balance  on  liaiul  .Tiily  1 *:;4,S19  76 

Receipts  during  July .'io,(i.'>5   19 

$89,874  95 
Expenditures  during  July fi,484  42 


Balance  on  hand  1st  of  August,  18C2 $83,390  53 


600  APPENDIX  TO  THE 

and  when  compared  with  the  lowest,  an  annual  saving  of  S6,205  60. 
Notwithstanding  this  effort  at  economy,  the  operations  of  the  bureau 
have  been  conducted  with  a  vigor  and  prouiptitudo  fully  adequate  to 
any  demand  which  has  been,  and,  it  is  believed,  which  may  be  made 
upon  it.  It  is  now  entirely  free  from  debt,  and  I  have  no  doubt  that 
its  efficient  condition  will  not  onl}'  be  sustained,  but  increased,  by  the 
able,  energetic  and  experienced  chief  now  at  its  head. 

Exhibit  II,  in  the  Appcndi.^,  is  an  ab.--tract  of  the  purchase  and  issue 
of  leading  articles  from    the  1st  of  January  to  the    1st  of  July,  1SG2. 

Id  my  report  of  the  7th  of  February  last  (before  referred  to,  as  No. 
15,  accompanying  papers),  I  called  the  attention  of  the  Governor  and 
Council  to  the  fact,  that  the  mode  of  supplying  clothing,  &c.,  to  the 
soldiers,  was  not  in  accordance  with  the  Act  of  Congress,  passed 
August,  1801,  and  by  dealing  with  the  captains  of  companies  instead 
of  directly  with  the  Secretary  of  War,  as  the  law  provides,  I  feared 
would  occasion  great  loss  to  the  State.  I  stated  that  I  did  not  discon- 
tinue the  system  at  once,  because  our  interests  had  already  become 
entangled  with  it,  but  I  urged  such  discontinuance  at  as  early  a  day  in 
the  future  as  they  would  permit. 

The  results  of  the  system  are  more  disastrous  than  I  then  thought 
possible.  Although  the  returns  indicate  a  large  increase  in  the  col- 
lections for  clothing  sold,  as  will  be  seen  in  exhibit  F.  (before  referred 
to),  still,  on  the  1st  day  uf  July,  ISO'i,  there  was  due  by  officers  for 
clothing  thus  sold  them,  the  sum  of  8127,288  9i,  and  it  is  presumed 
that  no  considerable  portion  of  this  amount  will  ever  be  collected,  as 
the  frequent  changes  occurring  from  death,  transfer,  discharge,  promo- 
tion, &c.,  will  render  the  most  untiring  efforts  for  that  purpose  un- 
successful. 

IJut  this  loss,  large  as  it  is,  does  not  cover  the  question.  The  ad- 
vanced price  of  clothing  material  has  rendered  the  fifty  dollars  commu- 
tation allowed  the  soldier  for  clothing  inadequate,  as  will  be  seen  by 
reference  to  a  tabular  statement  accompanying  the  report  of  General 
Jones  on  this  subject.  (It  is  appended,  marked  I.;  also,  see  the  ac- 
companying papers.  No.  16.)  From  this  statement  it  appears  that,  by 
pursuing  this  system  to  the  same  extent  as  heretofore,  and  with  half 
the  number  of  men  we  have  now  in  the  Held,  the  State  would  lose,  in 
one  year,  the  sum  of  nine  hundred  and  forty  thousand  dollars,  even 
were  we  able  to  collect  every  dollar  of  the  commutation  money.  The 
risk  of  this  enormous  loss,  as  well  as  that  actually  sustained,  was  en- 
tirely unnecessary,  in  my  judgment,  as  the  Act  referred   to   provides, 


FOtlRTH  SESSION.  601 

''  in  case  any  State  shall  furnish  to  its  troops  and  volunteers  in  the 
Confederate  service  such  clothing,  then  the  Secretary  of  War  is  re- 
quired to  pay  over  to  the  Governor  of  such  State  the  money  value  of 
the  clothing  so  furnished."  .  Such  being  the  case,  I  have  directed  the 
Quartermaster  General  to  discontinue  the  system  in  its  present  form, 
but  obtained  the  authority  of  the  Goveraqr  and  Council  to  continue  the 
traveling  agent  in  Virginia  for  the  present,  with  a  view  of  making  fur- 
ther collections,  if  possible. 

In  accordance  with  the  resolution  of  the  Governor  and  Council, 
adopted  the  28th  of  April,  1862,  I  have  appointed  Gen.  James  Jones 
a  commission  to  inquire  into  and  report  upon  the  m«tter  of  .future  sup- 
ply of  clothing  for  all  our  troops.     I  have  his  report  now  before  uie. 

In  obedience  to  the  resolution  of  the  8th  of  August,  1862,  I  have 
ordered  all  the  officers  therein  named  under  bond. 

COMMISSABY  GENERAL's  BUREAU. 

I  found  this  bureau  in  admirable  condition,  and  in  the  hands  of  the 
efficient  officer  now  at  its  head.  The  stores  on  hand  were,  in  some  re- 
spects, limited,  but  measures  had  been  previously  taken  to  increase 
them  largely.  *  '  . 

The  cash  transactions  for  the. present  year  arc  shown  in  the  Exhibit 
marked  J.,  in  the  x\ppcndix.  They  present  the  following  aggregate 
results  : 

Receipts  from  aU  sources 8152,952  44 

'  tlxpenditures  for  all  purposes .*'. 132,090  23 

Balaficoon  hand  the  1st  of  July,  1862 §20,256  21* 

Exhibit  K.  shows  the  cost  value-of  stores  on  hand  on  the  1st  day  of 
July,  1862,  to  be  §117,241  21.  Their  present  market  value  is  more 
than  double  that  amount.  This  statement  does  not  include  the  heavy 
stores  of  beef  and  bacon  cured  and  packed  in  the  upper  Districts,  by 
Mr.  RobeH  Adger.  The  correspondence  in  this  Department  shows 
that  this  patriotic  citizen,  failing  to  receive  any  authority  or  guarantee 
from  the  State,  upon  the  earnest  assurance  of  Colonel  Walker^  the  Com- 
missary  General,  that  he  deemed  the  measure  of  vital  importance  to  the 
welfare  of  the  countryj  as.'^umcd  all  the  risk,  advanced  (he  funds,  and 
devoted  his  time  gratuitously  to  the  purchasing,  slaying,  curing  and 
packing  of  beeves  and  hogs,  to  the  extent  of  more  than  one  hundred 
70  % 


602  APPENDIX  TO  THE  « 

tons  in  weight,  which  he  placed  at  the  control  of  the  State.  Such  con- 
duct, in  these  times  of  extortion,  stands  out  in  bold  relief,  and  merits, 
as  it  will  receive,  the  admiration  and  gratitude  of  his  country.  The 
Commissary  General,  while  receiving  this  valuable  contribution,  is  now 
engaged  in  settling  the  account  of  ^Ir.  Adger. 

Exhibit  L.  will  show  the  leading  purchases,  issues  and  balances  for 
the  present  year.  From  statement  J.  it  appears  that  the  Confederate 
Commissaiy  has  been,  to  a  large  extent,  supplied  from  our  stores.  By 
reference  to  the  orders  and  correspondence  (see  acco'uipanying  papers, 
No.  17),  it  will  appear  that  I  ordered  a  temporary  discontinuance  of 
these  sales,  for  reasons  assigned,  giving  to  the  Commissary  General  dis- 
cretion to  resume  in  conformity  to  tho^  general  purpose*!  had  in  view. 
This  measure  was  attemied  with  very  favorable  results,  inasmuch  as 
heavy  stores,  in  consequence,  were  purchased  by  the  Confederate  Gov- 
ernment from  the  Sea  Islands  and  abandoned  and  exposed  plantations 
while  the  State  was  thus  enabled  to  husband  its  already  secure  supply, 
to  meet  unforeseen  contingencies. 

The  accompanying  papers  (No.  18)  will  show  that  I  ordered  the  col- 
lection and  purchase  of  three  thousand  casks  of  rice  from  exposed  re- 
gions, and  afterwards,  by  authority,  duplicated  the  quantity. 

Owing  to  the  extravagant  prices  demanded  for  provisions,  I  have 
deemed  it  expedient  to  inBtruct  the  Commissary  General  to  supply  the 
Commissaiiat  of  the  South  Carolina  Military  Academy  with  stores  at 
cost  prices,  thereby  effecting  a  large  saving  to  the  State,  without  im- 
pairing our  resources  to  any  appreciable  extent. 

From  time  to  time  our  stores  have  been  carefully  inspected,  and  fQ- 
ported  in  good  condition. 

The  one  hundred  and  eighty-six  sacks  of  salt,  seized  in  Cheraw  last 
fall,  by  the  order  of  your  Excellency,  was,  by  authority,  sold  as  directed 
in  my  order.     (See  accompanying  papers,  No.  19.) 

I  have,  also  under  authority,  directed  the  Commissary  General  to, 
distribute  the  eighty  sacks  of  ocean  salt  we  have  on  hand  to  the  Sol- 
diers' Relief  Associations  of  the  several  Districts,  to  be  sold  in  small 
quantities,  at  cost,  to  the  families  of  our  soldiers  in  service.  The  upper 
and  more  populous  Districts  have  received  the  first  supply,  and  we 
expect  to  send,  as  fast  as  it  comes  to  hand,  a  due  proportion  to  each 
District  in  the  State.  I  have  purchased,  for  the  sum  of  four  thousand 
live  hundred  dollars,  a  large  brick  store,  for  the. use  of  this  and  other 
Departments.     The  purchase  is  a  good  one,  and  the  title  is  in  the  State. 


FOURTH  SESSION.  603 

The  building  can  now  be  sold  at  a  large  advance,  if  the  State  desires  to 
sell.  ■  '  • 

Exhibit  L.  also  shows  the  locality  of  the  stores,  &c.,  where  they  are 
deemed  safe.  Notwithstanding  the  heavy  expense  of  transporting  them 
into  the  interior,  there  has  been  a  considerable  reduction  in  the  bureau 
expenses. 

SURGEON   general's   BUREAU. 

This  bureau,  in  charge  of  the  Surgeon  General,  has  not  been  organ- 
ganized  in  accordance  with  the  plan  suggested  in  his  report  (see  ac- 
companying papers,  No.  20),  because  we  have  had  no  large  bodies  of 
organized  forces  in  State  service.  Should,  however,  the  Confederate 
Government  leave  our  present  organization  undisturbed,  it  might  be 
well  to  consider  and  act  upon  the  suggestion  of  this  officer. 

The  cash  transactions  have  been  as  follows  : 

Received  from  Treasury,  under  appi'opriations  of  the  Leg- 
islature  '. 32,00(f  00 

Expenditures  on  Hospital  account,  as  per  vouchers  filed  in 

this  office , 763  12 

Balance  on  hand §1,236  88 

At  the  suggestion  of  the  Surgeon  General,  I  issued  an  order,  in 
July  last,  directing  the  establishment  of  a  Way-side  Hospital  at  Kings- 
ville;  since  which  date  it  has,  under  temporary  arrangements,  dis- 
pensed its  benefits  to  the  sick  and  wounded  soldier«on  the  way.  I  am 
happv  to  be  informed,  by  the  Surgeon  General,  that  the  permanent 
-hospital  buH/iing  is  nearly  ready  for  occupation;  and  with  the  facili- 
ties now  at  our  command,  we  have  good  reason  to  hope  that  the  suf- 
•ferings  of  the  soldiers  in  transitu  will  be  greatly  alleviated. 

In  the  latter  part  of  March,  I  obtained  the  authority  of  the  Gov- 
ernor and  Council  to  transmit,  by  the  hands  of  a  trnsty  agent,  exchange 
on  Europ'e  for  the  purpose  of  replenishing  our  exhausted  medical  stores. 
We  have  quite  recently  received  the  bulk  of  our  purchases  safely,  and 
1  trust  that  ihe  Surgeon  General  will  have  it  in  his  power  to  open  and 
report  upon  them  before  this  report  is  closed.  From  the  supplies  re- 
ceived, I  have  directed  him  to  sell  to  our  soldiers  Id  service  an  half- 
ounce  of  quinine  each,  at  one-half  the  current  rates. 


604  APPENDIX  TO  THE 


PAYMASTER  GENERAL's  BUREAU. 


This  bureau,  like  that  of  the  Quartermaster  General,  was  burdened 
with  pressing  claims.  The  troops  called  out  by  your  Excellency,  in 
November,  1861,  and  placed  under  the  command  of  Confederate  officers, 
althoucb  never  regularly  mustered  into  Confederate  service,  being  all 
the  time,  however,  actively  employed  under  Confederate  authority,  it 
was  lioped  that  the  Confederate  Government  would  pay  them;  this  it 
failed  to  do,  and  our  unpaid  soldiery  became  clamorous  for  their  pay. 
Immediately  after  taking  charge  of  my  Department,  I  presented  these 
facts  to  the  Secretary  of  War,  who  replied  that  the  State  must  meet 
these  claims  for  the  present,  and  leave  the  matter  for  future  adjustment 
with  the  Confederate  Government.  I  then,  under  authority,  instructed 
the  Paymaster  to  prepare  estimates.  The  operations  of  this  bureau 
have  been  principally  confined  to  the  examination  and  settlement  of 
these  claims. 

The  cash  transactions,  exhibited  in  the  Appendix  (marked  M.),  show 
the  following  aggregate  resiflts  : 

Keceipts  from  all  sources,  to  30th  of  June §57,788  89 

Expenditures  for  all  purposes    "     "     "     54,405  23 

Balance  on  hand  the  1st  of  July $3,389  66 

The  Paymaster  General  has  no  clerical  force  in  his  bureau,  and  has 
faithfully  discharged  the  duties  of  his  ofiice. 

engineer's   liUREAU. 

The  State  has  no  organized  Bureau  of  Engineers,  nor  any  Engineer 
corps;  but  under  this  head  I  may  refer,  with  propriety,  to  several  re-. 
connoissances  made  under  my  instruction.  (See  accompanying  papers, 
No.  21.) 

With  a  view  to  obstruction  and  defence,  in*  February  last,  I  caused 
a  reconnoissance  to  be  made  of  the  Santee  and  Pee  Dee  rivers.  The 
first  was  conducted  by  a  commission  composed  of  Messrs.-  John  L. 
Manning,  John  R.  Niernsee  and  John  Macrae.  It  .was  thoroughly 
done,  as  will  appear  by  the  report  of  the  commission,  herewith  sent. 
The  obstruction  in  the  Santee  was  not  iu)mcdiatcly  begun,  as  it  was 
not  deemed,  at  that  time,  necessary — the  enemy  not  then  being  in  pos- 
session ot  any  gunboats  of  draft  light  enough  to  pass  the  bar  at  the 
mouth  of  the  river.     Not  feeling  easy,  however,  for  the  safety  of  the 


FOURTH  SESSION.  '    605 

railroad  Bridge  across,  that  stream,  and  of  the  plantations  below,  I  di- 
rected the  obstruction  to  be  made  some  time  in  May  last.  It  is  not, 
however,  sufficient,  and  I  .am  now  prepared  to  make  it  of  a  character 
so  formidable  that  no  boat  can  pass,  provided  it  is  defended  by  a  bat- 
tery and  a  few  rifles.  The  direction  of  the  work  will  be  under  Mr. 
Niernsee,  in  whose  engineering  skill  and  ability  I  have  great  confi- 
dence. This  obstruction  is  belo\f  Lanneau's  Ferry,  and  will  guard 
both  the  Congaree  and  Wateree  rivers. 

The  recoanoissance  and  obstruction  of  the  Pee  Dee  river  were  in- 
trusted to  a  commission  consisting  of  Generals  Harllee  «and  Gonzales, 
Mr.  Gcddcs.and  others.  This  obstruction,  at  Stone's  Landing,  on  the 
Pee  Dee,  has  been  complete  for  many  nionths.  The  work  was  promptly 
and  energetically  done.  It  is  supposed  to  be  adequate,  and  is  guarded 
by, a  battery  and  some  infantry.  For  further  information  on  this  sub- 
ject, I  refer  your  Excellency  to  the  report  of  General  Harllee,  which 
is  herewith  sent.  * 

3'he  cost  of  the  reconnoissances  was  but  small— the  gentlemen  of  the 
conimission  charging  «nly  their  personal  expenses.  The  obstruction 
on  the  Pee  Dee  cost  us,  according  to  the  report,  four  thousand  four 
hundred  and  twenty-six  dollars.  Tb-at  on  the  Sautec  is  not  complete, 
but  we  suppose  will  not  cost  more. 

I  caused  still  another  reconnoissance  to  be  made,  which  was, of  the 
mountain  passes  leading  to  this  State  from  Tennessee,  North  Carolina 
ind  Georgia.  This  was  perforujed  by  Messrs.  J.  K.  Niernsee  and  John 
;^^acrae.  It  may  yet  prove  very  useful.  For  the  manner  in  which  it 
was  done,  and  for  full  information  on  the  subject,  I  take  great  pleasure 
in  referring  you  to  the  elaborate  report  of  these  gentlemen,  herewith 
sent,  and  to  the  beautiful  map  which  accompanies  it. 

The  entire  cost  of  all  the  reconnoissances  and  obstructions,  as  far  as 
rendered,  will  be  seen  to  be  comparatively  small.     (See  Appendix  N.) 

Expenditures 35,458  33 

Cash  drawn  from  Treasury 5,458  33 

ORDNANCE   BUREAU. 

On  assuniing  the  supervision  of  this  bureau,  I  discovered  that  its 
Inrge  stores  of  ordna'nce  and  small  arms  had  been  scattered  broadcast 
over  the'Confcderacy,  and  its  eflaciency  much  injurtd  by  an  irregularity 
which  I  will  notice  hereafter,  and  of  which  the  able  officer  in  cliart;e 
complained.  As  the  best  method  of  presenting  its  condition,  I  propose 
a  brief  review  of  the   operations  of  1801.     A   tabular  statement,  pre- 


606  APPENDIX  TO  THE 

pared  from  reliable  data,  furnished  by  the  laborious  invQstigations  and 
elaborate  reports  of  Major  Eason  an'l  Captain  Thomas,  is  hereto 
appended  (marked  0.),  and  shows  the  follo^ying  results: 

Heavy  Ordnance — On  hand  Docerober,  18G0 103  • 

Purchased  from  Tredegar  Works  in  1861 10' 

113 

Issued : lUO 

On  hand  the  1st  of  January,  1862 13 

Field  ArtiUtry — On  hand  Deeember,  1860 66 

Donated  by  Messrs.  Eraser  &  Co 2 

"  "  P.  C.  J.  Weston  and  C.  K.  Prioleau, 

leach :......     2 

-—      70 

Issued 52 

On  hand  1st  of  January,  1862 18 

Muskets  and  Rijlcs — On  hand  December,  I860*.. 27,407 

Bought  by  order  of  Governor  Gist... 4,h50 

^32,257 

Issued  or  unaccounted  for 29,086 

c^l71 
Deduct  condemned,  "  Irreparable"  4o2 

On  hand  the  1st  of  January,  1862 k..  2,719 

Of  f'ide  arms,  two  thousand  two  hundred  and  seventy-one  pistols,  and 

two  thousand  three  hundred  and  thirteen  swords  aq.d.  sabres,  had  been 

distributed,  leaving  none  of  the  former,  and  only  three   hundred  and 

thirty-five  of  the  latter,  on  hand  the^lst  of  JanQary,  1862. 

Fuwder — On  hand  December,  1860,  pounds  of,  20,400 

Purchased  in  1801 417,550 

437,950 

.   Issued 373,897 

64,053 
Deduct  old  and  damaged 4,843 

On  hand  1st  of  January,  1862,  pounds  of,  59,210 

From  the   statistical   tables  (accompanying  papers.  No.   22,)  it  ap- 
pears that   a  large  proportion   of  these  issues  were  sent  beyond  the 


FOURTH  SESSION.  607 

limits  of  the  State,  to  various  points  in  Tennessee,  Florida,  Georgia, 
North  Carolina  and  Virginia.  With  reference  to  the  irregularity  in 
the  bureau,  of  which  I  have  spoken,  I  submit  the  following  extract 
from  the  able  report  of  Major  Edward  Manigault  to  the  Board  of  Ord- 
nance, made  November  21st,  18G1  : 

.  .        .  *  .    . 

"  There  is  one  crying  evil  whicli  I  must  state  broadly  and  distinctly. 

The  Arsenal  Keepers  in  Charleston  and  Columbia  arc  instructed  to 
issue  ordnance  and  ordnance  stores  on  the  order  of  the  Governor,  or 
his  Adjutant  General;  on  that  of  the  Board  of  Visitors;  on  that  of 
the  Board  of  Ordnance,  through  their  Chairman  ;  on  that  of  the  Chief 
of  Ordnance,  and  to  the  Major  General  of  the  Militia  commanding  the 
division  in  which  the  arsenal  is.  Wliatever  the  precise  instructions 
may  have  been,  there  is  no  doubt  this  has  been  the  practice."  In  con- 
sequence of  this  irregularity,  it  became  necessary  to  give  the  ordnance 
officer  an  order  not  to  issue  any  ordnance  or  ordnance  stores  without 
the  express  order  of  this  Department,  or  of  the  Governor  and  Council. 

The  weakened  condition  of  this  mosW  important  branch  of  our  mili- 
tary strength  was  more  deplorable,  because  existing  at  a  time  when  the 
enemy,  flushed  with  having  successfully  established  himself  at  Port 
Eoyal,  was  arrogantly  threatening  our  speedy  subjugation.  Prompt 
and  efficient  action  was  required  to  place  this  bureau  in  a  condition  of 
adequate  supply.  * 

At  the  first  meeting  of  the  ExecutiVc Council,  on  tlve  9th  of  Janu- 
ary last,  I  had  the  honor  to  propose  the  resolution  then  adopted.  (Sec 
accompanying  papers,  No  23.)  Under  its  provisions,  I  forthwith  pub- 
lished a  call  for  the  collection  and  return  of  State  arms  and  equipments, 
inviting  those  who  had  more  than  one  rifle  or  double- barrel  gun  to  send 
them  to  the  Department,  to  be  paid  for  at  a  fair  valuation.  I  corres- 
ponded with  parties  of  known  energy  and  prudence,  authorizing  them 
to  collect  public  arms,  and  purchase  eff'fictive  weapons  in  private  hands, 
and  appointed  Captain  T.  W.  Radcliff'e  General  Agent  of  the  State  for 
that  purpose,  giving  him  authority  to  appoint  sub-agents,  under 
instructions. 

The  result  of  this  movement  was  not  only  to  secure  some  hundreds 
of  serviceable  rifles  and  double-barrel  guns,  but  also  to  gather  into  the 
State  Arsenals  several  thousand  public  arms  and  accoutrements,  nearly 
all  of  them  serviceable,  or  susceptible  of  being  rendered  so,  and  four 
light  bronze  field  pieces,  with  equipments.  In  addition,  valuable  dona- 
tions of  small  arms,  lead,  brass,  &c.,  were  made  by  patriotic  citizens ; 
and  various  congregations  and  corporations,  moved  by  a  holy  impulse, 


.    G08  APPENDIX  TO  THE 

freely  forwarded  their  bells  to  be  moulded  into  cannon.  The  accom- 
panying papers  (No.  24)  furnish  the  more  important  details  of  these 
collections  and  contributions. 

Under  the  direction  of  the  Governor  and  Council,  I  appointed  Mr. 
David  Lopez  General  Superintendent  for  the  manufacture  and  repair 
of  small  arms.  (See  accompanying  papers,  No.  25.)  For  the  repair 
of  arms,  .and  the  manufacture  of  pikes,  in  which  I  had  never  any 
faith,  the  work -shops  were  occupied  in  the  State  House  grounds.  Ak 
this  period,  the  demand  upon  my  time  and  attention  from  this  and  all 
the  bureaus,  and  from  an  inflnite  number  of  other  sources,  become  so 
oppressive,  that  I  obtained  the  assent  of  the  Governor  and  Council  to 
form  the  Department  of  Construction  and  Manufacture,  to  the  control 
of  which  was  assigned  the  Hon.  W.  H.  Gist,  in  whose  hands  the  work 
has  been  energetically  pressed.  For  further  information  on  the  subject, 
I  refer  you  to  his  report. 

In  the  latter  part  of  Marqh,  under  autliority,  I  transmitted,  by  Mr. 
Evans,  of  Charle?;ton,  a  bill  of  exchange  on  England  for  the  purchase 
of  rifles,  ammunition,  equipments,  medicines,  etc.  Nearly  all  have 
safely  reached  us.  Some  cases  were  thrown  overboard  while  running 
the  blockade.  Of  the  rifles  (Enueld),  we  have  now  at  the  Arsenal  at 
Columbia  2,535.  The  purchases  made  under  this  adventure  could  now 
bo  sold  for  five  times  their  cost.  •. 

Under  authority,  a  revolving  cannon  has  been  purchased  by  the  De- 
partmont.,  and  is  now  in  good  hands,  from  which  we  expect  good  service. 
It  was  only  lent  to  the  Confederate  oflicer,  and  is  subject  at  any  mo- 
ment to  the  order  of  the  State. 

Efforts  to  procure  powder  have  not  availed  much  to  increase  our 
stock;  bul  what  we  had  on  hand  has  been  carefully  husbanded,  and 
issued  only  when  the  public  good  demanded  it.  At  an  early  period, 
the  Confederate  Government  was  notified  that  our  stock  was  low,  and 
that  they  must  look  ^elsewhere  for  supplies.  It  will  appear  in  another 
part  of  the  report  that  due  attention  has  been  given  to  the  production 
of  the  material  most  essential  to  the  manufacture  of  gunpowder. 

An  examination  of  the  exhibit  0.,  before  referred  to,  will  show  that 
the  stock  of  fixed  ammunition  for  suiall  arms  has  been  more  than 
tripled  since  1st  January  last,  requiring  over  12,000  pounds  of  powder. 
This  table  will  also  show  the  gratifying  result  of  my  efforts  to  procure 
arms. 

During  the' year  we  have  i.ssued  7,307  effective  rifles  and  muskets — 
more  than  three  times  the  number  we  had  on  hand  on  the  1st  of  Janu- 


FOURTH  SESSION.        '  609 

arj  last — among  them  the  1000  received  by  your  Excellency  from 
Richmond  some  time  last  winter  or  spring;  and  we  have  now  on  hand 
7,710j  nearly  triple,  also,  the  number  in  January,  Among  those  we 
have  now,  one-third  arc  new,  first  class  Enfield  rifles,  and  all  in  good 
condition.  The  statemeut  does  not  include  the  guns  now  in  the  work- 
shops in  Greenville  tor  repair.  Of  side  arms,  also,  we  begau  the  year 
with  little,  have  made  large  issues,  and  have  a  fair  supply  on  hand. 

The  small  supply  of  heavy  ordnance,  with  the  collection  we  have 
been  able  to  make,  has  been  exhnusted  by  the  constant  and  heavy, 
demand  of  the  Confederate  Gk»xernment  for  the  defence  of  Charleston. 
None,  however,  has  been  sent  out  of  the  State.  We  have  but  two  On 
hand.  ,  The  field  artillery  has  been  increased  thirty-one  pieces  since 
January  last,  but  the  issues  have  kept  pace  with  the  additions,  leaving- 
at  this  time  but  eighteen  light  pieces.  There  were  twenty-two  artillery 
carriages  on  hand  on  the  1st  of  January,  many  of  them  old,  and  some 
worthless.  The  supply  was  increased  by  twenty-seven  new,  or  tho- 
roughly repaired ;  but  the  demand  around  Charleston  has  reduced  the 
total  number  on  hand  to  eighteen.  The  supply  of  prepared  projectiles 
has  been  more  than  doubled,  and  the  unprepared  sustained.  These 
facts  speak  well  fur  the  energy  and  efficicDcy  of  Major  Eason,  no#  at 
the  head  of  the  burctiu. 

A  large  quantity  of  lead  has  been  purchased,  and  besides  that 
moulded,  we  have  now  on  hand  21,000  pounds.  "We  have  been  able 
to  make  slight  additions  to  our  cannon  caps,  and  an  increase  to  the 
stock  for  small  arms.  I  have  endeavored  to  obtain  adequate  supplies 
from  the  Secretary  of  War,  but  although  promised,  they  have  never 
been  received.  With  the  exception  of  powder  and  heavy  ordnance, 
the  bureau  will  be  adequate  to  all  probable  and  reasonable  demands. 
It  is  n(%  in  good  condition. 

Exhibits  R.,  S.,  T.,  X].  and  V.  show  the  issues  of  all  classes  to  the 
Confederate  Government  during  the  present  year. 

It  was  deemed  prudent  to  move  the  heavier  and  more  importtint 
stores  from  Charleston  to  Columbia.  The  construction,  therefore,  of  a 
new  magazine  became  necessary.  Captain  Thomas  was  ordered  to  have 
one  built.  It  is  finished,  received,  will  contain  100,000  pounds  of 
powder,  and  cost  the  State  $1,200.  Guns  repaired  under  some  con- 
tracts which  I  have  been  unable  to  see,  were  so  defective  that  large 
numbers  were  constantly  returned  to  be  done  anew.  To  the  force  of 
tlie  bureau  it  became  necessary  to  add  a  first  cla.ss  armorer.     But,  not- 


GIO        *  *        APPENDIX  TO  THE 

withstanding  the  increase  of  the  bureau  force,  its  expenses  are  over 
two  thousand  dollars  less  per  annum  than  those^of  last  year. 

Appended  (marked  P.)  will  ,be  found  an  exhibit  of  the  cash  trans- 
actions for  1861,  and,  notwithstanding  the  heavj  expenditure,  the 
bureau,  like  some  of  the  others,  was  burdened  with  debt.  Some 
833,000  of  old  Obligations  have  been  paid  since  January  last. 

The  cash  transactions  for.  the  first  two  quarters  of  this  year  will  be 
seen  in  exhibit  Q.,  and  may  be  stated  generally : 

Receipts  from  all  sources §100,176  54 

Expenditures  for  all   purposes 106,776  60 

♦Balance  on  hand  the  1st  of  July '..       2,399  94 

Most  of  the  troops  from  South  Carolina,  in  Confederate  service,  have 
been  armed  by  the  State,  and  it  is  believed  that  we  will  ne\»er  be  able 
to  reclaim  thera.  The  Confederate  Government,  as  I  understand, 
rfjfuscs  to  redeliver  to  the  States,  but  assumes  the  ground  that  the  arms 
have  become  Confederate  property,  to  be  accounted  for  in  a  future  settle- 
ment. How  far  we  will  be  able  to  make  out  a  full  account  from  the 
beginning,  I  am  unable  to  say.  The  Confederate  Government  has 
maae  application  for  the  arms  imported  by  the  State  under  order  of 
this  Department.  I  have  taken  the  liberty  to  decline  to  turn  them 
over,  and  recommend  that  we  shall  never  again  strip  the  State  of  the 
means  of  self-defence. 

LEAD  MINE.     .      ' 

Under  authority  of  a  resolution  introduced  by  your  Excellency,  I 
availed  myself  of  the  proffered  scientific  skill  and  services  of  Dr.  John 
LeConte,  to  examine  the  lead  mines  in  the  State.  The  lead  mine  in 
Spartanburg  he  reports  to  be  rich  in  ore,  and  easily  worked.  Arrange- 
ments have  been  made  with  the  proprietor,  Mr.  Cammeron,  to  place  it 
for  a  time  in  the  hands  of  the  State  without  charge,  until  all  expenses 
incurred  shall  be  paid,  and  after  that  time  to  receive  a  certain  ratio  of 
the  yield.  Dr.  LeConte  has  taken  steps  to  procure  the  necessary  skilled 
labor  to  work  the  mine.     (See  accompanying  papers^  No.  25.) 

•Balance  onhandJuly.  1..' $2,399  94 

Receipts  during  July 23,228  03 

$25,G27  97 
Expenditures  during  July , 20,385  91 

Balance  on  band  August  1 $!>,2-13  06 


FOURTH  SESSION".  611 

SALTPETRE  PLANTATION.  " 

In  the  early  part.of  the  present  war,  and  for  some  time  anterior,  one 
of  the  greatest  sources  of  anxiety  to  the  Grovernment,  and  to  the  intelli- 
gent citi^en^was  the  very  limited,  in  fact  the  totally  inadequate  supply 
of  gunpowder.  We  were,  to  a  great  extent,  cut  oif  from  the  foreign 
world,  from  whence  alone  we  could  procure  a  sufficient  quantity.  To 
.manufacture  a  sufficiency  to  meet  the  wants  of  the  army  in  every  quar- 
ter, was  beyond  our  power.  .The  chief  ingredient,  seventy-five  per 
cent,  of  which  enters  into  the  manufacture,  was  at  the  time  beyond  our 
reach.     It  is  true  that  there  were  within  the  litnits  of  the  Confederacy 

■  saltpetre  caves,  but  their  yield  was  far  short  of  our  necessities.  There 
was  but  one  way  to  supply  the  deficiency,  and  that  was  to  produce  it' 
ourselves.  Accordingly,  early  in  February  last,  I  caused  a  brief  state- 
ment of  the  process  of  production  to  be  published,  and  called  upon  all 
who  could  to  aid  us  by  making  it.  To  this  there  was  no  response.  I 
determined  then  to  produce  it  under  the  immediate  direction  of 
this  Departmotit.  On  the  14th  of  March,  I  had  .the  honor  to  in- 
troduce a  re^lution  authorizing  me  to  do  so.  The  authority  was 
granted.  On  the  21st  of  the  same  month,  I  wrote  to  Dr.  W.Hutson  Ford, 
who  w:is  then  a  Surgeon  in  the  army  on  the  coast,  requesting  him  to 
undertake  the  superintendence  of  the  plantation.  General  Peraberton 
at  once  detailed  him,  anc^  he  reported  here  without  delay.  On  the 
28th  of  March,  Dr.  Ford  was  appointed  Superintendent,  and  entered 
at  once  upon  the  discharge  of  his  duties,  with 'great  zeal  and  intelli- 
gence. .  .  • 
Five  acres  of  land  were  leased  for  this  purpose,  at  an  almost  nominal 
rate,  from  Dr.  Parker,  and  the  necessary,  sheds,  buildings,  &c.,  con- 
structed. A  large  number  of  beds  ha^e  been  made,  which  are  in  rapid 
process  of  nitrification.  What  quantity  of  nitre  may  be  expected  from 
them,  cannot  now  be  accurately  stated,  but  it  is  hoped  and  expected 
that  after  a  period  of  from  eight  to  twelve  months  from  the  time  they 
were  made,  that  we  may  obtain  at  least  one  thousand  pounds  daily, 
wliich  would  make  one  thousand  three  hundred  and  thirty-three  pounds 
gunpowder.     In  order  to  produce  it  more   rapidly,  I  have  ordered  the 

.  preparation  of  a  wagon  train,  with  troughs,  pans,  &c.  This  can  -be 
done  by  extracting  such  earth  beneath  buildinfs  in  (i)lumbia,  and  the 
adjacent  country,  as  is- generally  found  to  contain  nitre.  By  these 
means  we  can  produce  saltpetre  enough  to  insure  a  constant  supply  to 
manufacture  a  sufficient  quantity  of  powder  for  the  wants  of  the  State, 


G12  APPENDIX  TO  THE 

at  all  times.     (See  report  of  Dr.    Ford,  in   accompanying  papers,  No. 
26.)     The  sulphur  and  charcoal  can  always  be  obtained. 

It  is  believed  that  the  saltpetre  plantation,  under  the  charge  of  Dr. 
Ford,  is  the  first  ever  establishod  on  this  continent;  and  I  must  .here 
express  my  obligations  to  I>r.  Joseph  LeConte,*for  his  valuable  aid  in 
establishing  this  plantation.  A  copy  of  his  "instructions  for  the  man- 
ufacture of  saltpetre,"  is  herewith  presented  to  you.  Tlje  cost  of  the 
plantation,  up  to  the  Ist  of  July,  1862,  as  per  Exhibit  W.,  appended, 
is  as  follows :  •  . 

Receipts  from  Treasury §9,488  10  • 

Expenditures  to  l5t  of  September..-. 9,100  59 

Balance  on  hand  September  1,  1862 §387  51 

GUNBOAT.. 

Aij  appropriation  of  throe  hundred  thousand  dollars  was  ordered  by 
the  Convention,  at  its  last  meeting,  for  building  a  marine  battery  or 
ram,  and  for  the  construction  or  purchase  of  other  vessels  adapted  to 
coast  or  inland  defence,  and  the  Governor  and  Council  were  "empow- 
ered, on  cousultiition  with  the  officer  of  the  Confederate  Navy  for  the 
time  being  in  command  of  the  Military  District  whereof  the  city  of 
Charleeton  forms  a  part,  to  order  the  building  or  putchase  of  said  ves- 
sel?/' 

During  my  first  tour  of  duty  in  Charleston,  in  the  latter  part  of  Jan- 
uary, I  conferred  freely  with  Commodore  Ingraham  on  this  subject; 
aQ.d  subsequently,  on  the  12th  of  February,  in  obedience  to  a  resolu- 
tion introduced  by  your  Excellency,  I  coinniunicated  with  him  in  writ- 
ing. He  referred  me  to  flag-officer  Tatntdl,  commanding  in  the  waters 
of  South  Carolina,  then  at  SavantiaU.  As  the  ericmy's  fleet  intervened 
between  that  officer  and  the  hai'bor  of  Charleston,  I  addressed  the  Pres- 
ident, at  the  request  of  the  Governor  and  Council,  asking  that  Commo- 
dore Ingraham  might  be  jjlaced  in  command  of  naval  affairs  in  Charleston. 
Commodore  Ingraham,  Captain  Hamilton  and  G.  A.  Trenholm,  were 
appointed  a  commission  to  carry  out  the  resolution  of  the  Convention, 
and  notified  that  the  fund  was  subject  to  their  order. 

This  commission  did  not  act,  because  it  was  thought  unnecessary  to 
use  the  funds,  and  impAfticabli.'  to  obtain  workmen  and  material — the 
Confederate  Government  having  already  given  orders  to  Commodore 
Ingraham  to  build  a  boat  of  like  character,  and  six  gunboats  of  smaller 
class.     Thus  the  matter  was  suspended  until  the  8th   of  April,  when. 


FOURTH  SESSION.  613 

being  notified  of  a  change  in  the  condition  of  things, »which  made  it 
expedient  to  undertake  the  construction  of  an  iron-clad  vessel,  another 
commission,  consisting  of  Messrs.  J.  K.  Sass,  GU  A.  Trenholra,  C.  M. 
Furman,  W.  C.  Courtenay,  and  W.  B.  Heriot,  was  appointed,  the  ap- 
propriation placed  at  their  disposal,  and  after  unavoidable  delays,  the 
enterprise  was  fairly  commenced  on  the  9th  day  of  April. 

For  the  manner  in  which  the  work  has  been  carried  forward,  as  well 
as  an  accurate  descriptioti  of  the  boat,  I  ask  leave  to  refer  to  the  report 
of  the  commission,  in  the  accompanying  papers  (No.  27).  The  "Chi- 
cora"  was  successfully  launched  on  the  23d  day  of  August,  and 
Tiow  rides  beautifully  on  the  waters.  JThe  vessel  will  be  transferred, 
on  completion,  by  name  to  the  Confederate  Government,  pursuant  to 
an  agreement  with  the  Secretary  of  the  Navy  to  do  so,  on  being  reim- 
bursed the  entire  cost. 

The  commission,  under  authority  asked  for  and  .obtained,  are  pro- 
ceeding with  arrangements  to  build  two  more  gunboats  as  rapidly  as 
possible — one  of  them  to  be  of  lighter  draft,  for  river  defence. 

CONCLUSION. 

It  will  be  seen  that  the  reports  of  bureaus  are  made  in  full  up  to  tlie 
1st  of  July  only,  except  that  of  the  saltpetre  plantation,  which  is  made 
in  full  up  to  the  1st  of  September.  This  is  done  because  the  monthly 
statements  form  only  partial  items  of  the  quarter///  a rcouuls.  '  Wherever 
the  transactions  for  July  have  involved  matters  of  moment,  I  have  given 
a  synopsis  of  them,  and  may  remark  that  the  statements  for  that  month 
indicate  a  continued  careful  coniplianoe  with  the  "Army  Regulations." 

I  append  a  statement  (marked  X.),  showing  at  a  glance  the  object  for 
which  each  expenditure  was  made,  the  amount  of  the  expenditure,  and 
the  authority  under  which  it  was  nsade. 

The  multiplicity  of  subjects,  and  infinite  details  connected  with  tlie 
operations  of  this  Department,  have  enlarged  my  report  be^'ond  the 
volume  within  which  I  would  have  been  pleased  to  cncompa.ss  it,  but 
anything  less  would  not  have  presented  the  "business  and  condition" 
of  th€  Department. 

•  All  of  which  is  respectfully  submitted, 

J^iMKS  CHESNUT,  Jr!, 
ChirJ  of  the  Dt'partmriit  of  the  MilUart/  of  South  Carolina. 


614  APPENDIX  TO  TOE 


APPENDIX. 


State  of  South  Carolina, 
.  Executive  Council  CiiambeA, 

January  17,  1862.  % 
Rules  made  and  cstahtislicd  hy  the  Governor  and  Council  for- the  man- 
agemcflt  of  the  Department  of  (he  MUilary  of  the  State. 

Rule  I.  It  shall  be  the  duty  of  the  Chief  of  the  Military  Depart, 
nient  to  esAnine  into  the  military  conditiou  of  South  Carolina,  which 
includes  the  returns  and  present  cond'tion  of  the  troops  in  service,  and 
the  militia  not  in  service,  together  with  the  number,  amount  and  con- 
dition of  arms,  ordnance,  ammunition,  clothing  abd  supplies,  and  to 
report  the  same  to  the  Governor  and  Council. 

llULE  II.  It  shall  be  the  duty  of  the  Chief  of  said  Department  to 
keep  in  proper  form  and  report  regular  and  exact  returns  of  the  mili- 
tary force  of  the  State  in  Confederate  service  and  in  the  militia  of  the 
State,  and  of  all  military  stores,  arms,  equipments  and  supplies  in  the 
magazines  and  other  places  in  the  State,  and  to  order,  receive  and  take 
them,  and  all  arms,  ammunition  and  equipments,  from  officers  and 
other  persons  in  whose  possession  they  may  be,  which  belong  to  the 
State  and  are  not  used  in  actual  service,  and  to  direct  them  to  such 
places  as  h.e  may  deem  proper. 

Rule  III.  The  Chief  of  said  Department  shall  form  estimates  Tor 
all  such  stores,  arms,-  ammunition,  equipments,  clothes  and  supplies,  as 
may  be  requisite  for  the  military  service  of  this  State  and  the  contin- 
gencies of  Coufederiite  demand,  and  providing  adequate  magazines  for 
the  same  where  such  do  not  now  exist,  and  report  the  same  to  the 
Grovernor  and  Council,  that  due  provision  may  be  made  therefor. 

Rule  IV.  The  Chief  of  said  Department  shall  give  directions  neces- 
sary to  carry  into  operation  al^  resolutions  and  directions  of  the  Gover- 
nor and  Council,  by  orders  through  the  Adjutant  and  Inspector 
General's  Department,  for  raisihg,  arming  and  equipping  troops  for  the 
service  of  the  State  and  o&  the  Confederate  States,  under  the  authority 
jof  the  State,  and  for  organizing,  providing   and  inspecting  the  same  ; 


'  .      '      FOURTH  SESSION.    '  615 

and  to  direct  the  arrangement,  distribution,  transportation  and  operation 
of  such 'troops  (tilj  mustered  into  Confederate  service)  as  may  be 
brought  into  the  service  of  the  State  under  and  subject  to  the  orders  of 

'  the  Governor  and  Council,  and  to  provide  for  the  transportation,  safe 
keeping  and  distribution  of  supplies  necessat-y  for  the  troops  called  into 
the  service  of  the  State,  or  which  the  cDutingency  of  the  Confederate 
service  niay  appear  to  require. 

Rule  V.  The  Chief  of  the  said  Department  is  vested  with  all  such 

.  powers  as  are  necessary  for  a  full  performance  of  the  duties  above 
specified,  or  which  may  hereafter  be  imposed,  and  to  this  end  he  may 
supervise,  direct  and  give^all  proper  orders  to  the  Commissary,  Ord- 
nance, Quartermaster  and  Medical  Departn^ents  of  the  military  organi- 
zation of  the  State,  and  command  all  ofiicers  and  employees  in  the 
military  service  of  the  State,  and  to  depute  to  them  such  matter  and  at 
such  times  as  he  may  see  proper.  He  is  vested  with  further  power  to 
remove  all  persons  employed  in  any  of  the  Departments  aforesaid,  and 
to  appoint  others  in  their  stead;  but  all  such  orders,  removals  and  ap- 
pointments, shall  be  dop.e  ■by  orders  through-  the  Adjutant  and  Inspec- 
tor General's  Department,  and  shall  be  reported  to  the  Governor  and 
Council  at  their  next  meeting  thereafter,  and  be  subject  to  the  control 
of  the  same.  Appointments  to  all  vacancies  in  the  military  service 
of  the  State  heretofore  vested  by  law  in  the  Governor,  shall  be  vested 
in  the  Chief  of  the  Military  Department,  subject  to  the  previous 
(Tecision  of  the  Governor  and  Council. 

Rule  TI.  The  Chief  of  the  Military  Department  shall  keep  a  book 
or  books,  in  which  all  orders  and  directions  made  or  given  by  him  shall' 
be  transcribed,  and  the  same  shall  be  submitted  to  the  Governor  and- 
Council  at  each  siiccessive  meeting;  and  to  enable  him  to  discharge 
such  duties  as  are  imposed,  he  is  authorized  to- employ  one  or  more 
clerks,  upon  such  compensation  as  may  be  fixed  by  the  Govfernor  and. 
Council. 
»  By  order  of  the  Governor  and  Coui^cil. 

F.  J.  MOSES,  Jr  ,  Secretary. 


616 


APPENDIX  TO  THE 


Statement  of  South  Carolina  Troops  mustered  into  (he  sercice  of  the 
Confederate  States,  or  under  Confederate  orders,  on  the  1st  daj/  of 
Januari/,  1862,  cumpiM  from  the  rejwrts  of  the  Adjutant  and  In- 
spector General  of  South  Carolina. 


^TTLS     OP     0R01.MZA' 


Name  of 
ooumander. 


l8t  B.-t?t.  S.  0.  VoU  Col.   lUmlltoii. 


*2d 

ad 

4tb 
f.th 
0th 
7th 
«th 
11th 


Ann  OF  TrnMOFSERlg  g 


Cfil.  KiTslia 

(Col.  Williainu. 

Col   Sl<wii 

|'°ol.  .luiikin*... 

;Col.  Winder..., 

(>)1.  U.icon 

Col.  CaMi  ; 

CoL  Itlandlntc | 

Hampton's  L<*]rIon....  t'ol.  Ilainptdii |Mlxe<l 

Calhoun'ii  Lt.  Bat'n  C«pl.'C.alhuuii lArllUery.' 

Maimum's   Ciiii\;>.niiy  ("tpt.  .Minium j 

Uoykiu's  K«nit«rs....'.  Cjtpt.  Bovkin jC&vrtlry 

Kii-kwood  lUiiKere...  Cipl-  Shannon 

Artillery 


For  the  Wiir 
12  montbs. 


ICiil.  Duiiovant.. 

(V)l.  KJward.« 

'CoL  Joneii 

Col  Di'Siiussure.. 

(X)l.  Klford. 

r<>l.  Means 

.ICol.  Stevens 


Mixed. 


C-oit's    Artillery Oapt.  Colt 

lut  He^t.  S.  C.  Volh  Col.  Ihit'ood 

■jih    ••         "       "     Ool.  IKnward. 
loth     "  "        "      '1>>I.  M.iiilKauIt 

12tli     " 
l;jth     "  " 

nth   "       " 
luwi   "       " 

10th     "  " 

17lh    " 
Holcomlie  Lofton 

!S.  C.  R.-iiulai-s ; ....;.... 

Coast    U.iniiors ''nl.  IIat*'h. 

Kilto  Ualt.ilmn." U.  Col.  Moore.... 

BUck's  Si)uadron U.  Col.  Black'.... 

I'llmetto  ButtMliun...  Mnjor  WliH« , 

Manl'-auH's   llattul'ii Major  Mimijfault 

Lamir'K  Arlilli-ry C-ipt.  Utioar lArtlilery.J 

l/aurnii8  B'lttalion....  Major  .InuioH 

Bovcu's  Company Capt.  Boyw.. 

Orr's   lliflt"  Kii:iinfnt|Col.  Orr 

Mounted  Re(;iment...k!ol.  Martin.. 

I'l't-  Don  L>.-i.'ion |Oen.  llarlli-e Mixed 

Statu  Cavalrf. | .' iCnTiilry,. 

4lh  Bri^ndu,  S.  C.  M  jGon.  I)eSaUssuru...{ 


Cavalry . 


for  the  War. 

^  months.. 
For  the  War. 

12  months.. 
For  the  War. 


12  months.. 
Forlh«War 


12  months. 
Llinlt«d 


Total I ; .....I ' 27,8e2 


S.C 


IS 


800  Muster'd  In  Oonf.  6er. 

841 1 
l.OtiO        '■ 

873         "  "      . 

l,ia4|      " 

813|         " 

803 

819 

896 
1,100 
84 
84 
78 
6.3 

116 

850 

761 
1.140 

789 

764 

902 

813 

713 

783 
1,1 -JO 
1,136 

750 

4:?0 

302 

240 

2f« 

19!i 

391 

124 
1,030 

600 

800 

275 
2,407 


Requjr'd  byOen.Blpley. 


UNAIiTSIS    MVT>    SUMMARY. 

In  Confederate  service 23,280 

In  State  service,  under  Confcdfratu  orders 4,082 

For  the  war 7,111 

For  shorter  periods 20,251 

In  seryico  in   this  Slate ....17,642 

In   service  in  other  States 9,720 

ITiidcr  the  Act  of  A.sscmbly,  Dec.  7th,  18(51,  there  are  in  camp, 
under  in.struction,  souie  fourteen  companies.  Accepted  and  under 
marching  orders  for  camp,  fifty  companies.  Tliese  sixty-four  com- 
panies arc  volunteers  for  twelve  months'  Confederate  service. 


FOURTH  SESSION. 


617 


C. 

Columbia,  April  28,  1862. 
Eon.  James  Chesnut,  Jr.,  Uhicf  of  Military  Dejmrtmt nt  : 

Sir:  I  submit  herewith  Exhibit  A.,  showing,  as  nearly  as  can  be 
reached  from  the  returns  to  this  office,  the  number  of  troops  from  South 
Carolina  on  the  20th  of  February  in  the  field,  for  the  war  and  for 
twelve  months,  and  m^  estimate  of  those  in  the  field  for  the  same  terms  ■ 
at  this  date.  Exhibits  B.,  C.  and  D.  show  the  efforts  to  obtain  acQ*xrate 
information;  Exhibit  E.,  the  number  of  companies  wlych  responded  to 
the  call  for  five  thousand  men.  '  Large  numbers  of  individuals,  volun 
teers  and  recruits,  responded  to  that  call,  which  is  the  explanation  of 
the  increased  numbers  in  the  second,  third  and  fourth  columns  of  Ex- 
hibit A.  I  am,  sir,  with  much  respect, 

Your  obedient  servant, 
.  WILMOT  G.  DeSAUSSURE, 
A'^Jutant  and  Inspector  General.  . 


Exhibit  A.  to  Adjutant   General's  Report  of  the  2Sth  of  April,  1862, 
to  Chief  of  Militai^y  Department. 


Regiments,  Battalions.  Squadrons   and 
Companies. 


Li' 


<) 


1st  Regiment,  £>.  C.  V.,  Hamilton. 


860 


2d 

3cl 

4th         "  " 

6th         "  " 

6th 

7th  "^  " 

8th         " 

9th 

lut  "  ' 

Hampton's  Legion. 

Uoykin's   Rangcr.s ■... 

Shannon's  Company , 

Coit's  Artillery 

MaaigBull'n  lOth  Regiment,  S.  C.  V 

12th  Kegiment,  S.  C.  V.,  R.  O.  M    Dunovant. 
lath  "  "  Edwards 


Kershaw. 
Williams.. 

iSloan 

Jenkins... 
Winder..., 

Bicou , 

Cash..  :.... 
Blanding., 
Ilagood.... 


78 

63 

116 


a  i-£_-. 


900i 
450| 
400 
40  Oi 

sool 

4.50' 
400, 
400 

4oo; 

600 
600 

78' 
100 
125 

789     1,000 
764!    1,100 


w  5-2 


841 

391 

1,066 

666 

973 

573 

1,124 

324 

813 

363 

803 

403 

819 

419 

896 

496 

8a0 

250 

1,100 

500 

1,126,       676 


Carried  f.-rward 2,670,    8,753;  10,4111    4,961 


78 


618 


APPENDIX  TO  THE 


Exhibit  A.  to  Adjutant  GeneraVs  Report  of  the  28//t  of  April,  1862,  to 
,  Chief  Military  Departrhent. —  Continued. 


Regiments,  Battalions,  Sqcadboxs  and 
Companies. 


I      w£.    1 


O     OD        ^  CO    ■> 

S    -5,     = 


M 


.5;:  a 


to      I    < 


813,       000 


l,0:iO 

600 
24»1 
2(i0j 
300 


124 
U6 


300 


100 


Carried  forwr.rd. . 


1,000 
800 


620 

500' 

6SUi 


800 
750 
150 
soil 
450 
1,200 
700 
450 
500 
800 


Brought  forward 2,670    8,753 

14th  Rcgi.ment,  S.  C.  V.,  Jones |       902     1,200 

15th  ^     "  •  "  DeSaussuro , 

16th         "  "  Klford 

17th-       "  *  Means 

ISth         "  "  tiadborry 

19th         "  "  Lythgoe 

2iith         "  *'  Keitt  

2l8t         "  "  <^>riihain 

22d  "  "  Abniy 

23d  "•  "  Hatch „.. 

24th         «<       •         "  C  II.  Stevons 

Holcombe  Legion,  P.  F.  Stevens 

Ist Regiment  Artillery,  S.  C.  A.,  Calhoun , 

Jsl         •'  Inf.iutry,        "         Jolin^  Dunovant 

Lucas'  Battalion....; 

Moore's   Battalion 

11th  Ilcgiiuent,  S.  C.  V..  Heyward 

On's  Kcginifut,  Marshall 

Black'.v  Cavalry,  J.  L    IJlaol; 

Palmetto  Battalion,  E.  B.  White , 

Manigault's  Battalion,  I].  Manignult — 

2d  Regiment  Artillery,  S.  C.  V.,  Lamar! , 

James'  Battalion,  James 

Boyce's  Artillery,  Boyeo , 

Colt's  Artillery,  Coit , 

Folder's  Cavaliy,  Felder 

Adams'  Cavalry,  Adams 

Nelson's  Battalion,  Nelson 

Cavalry  Companies 

Infantry  C()m|)anics '. 

MeCord's  Zouaves 

EUiott/'s  Artillery 

Chieliestcr's  Artillery 

Gist  Guards , 

Beauregard  Light  Infantry ., 

Ivituw   Battalion 

Alston's  Artillery 

Stanley's  Artillery .' 

McKerall's  Company 

Stafford's  "  

Whitesides'      "  

Gwin's  '"  , '. 

AViusmith's      "  : 

Smith's  Battalion < 

LaFayetle*Artiller\' 

Marion  Artillery 

Charleston   Battalion 

German  Artillery 

Pixie  Rangers 

Jefforil   Rangers 


160 
116 


350 
850 


100 
80 
80 
90 
100 
250 
80 
80 
75 
76 
75 
75 
75 


10,411  4,901 


713 
784 
768 
730 
790 
698 
786 
750 
489 
1,102 


761   311 


560 


304 
315 


600 
670 


9,349121,914  21,321  16,337 


FOURTH  SESSION. 


019 


Exliihit  A.  to  Adjutant   GeneraVs  Report  of  the  2Sth  of  April,  1862, 
to  Chief  of  Military  Department. —  Continued. 


Regiments,  Battalions,  Squaprons  and 
Companies. 


•r  a-' 


CO   m 

-     J3 


-  a 


0-2 


Brought  forward 

Ashley  Dragoons 

Charleston  Light  Dragoons.... 
Rutledge  Riflemen  (mounted). 

German  Hussars  

Easley's  Squadron 

Nelson'd  Squadron 


9,349 


21,914 


100 


21,321 


16,337 
75 
75 

75 
308 
340 


9,349  22.064  21,321  17,210 


620  APPENDIX  TO  THE 


Exidhit  E.  io  Adjutant  General's  Report  of  the  2Sth  of  Aj^ril,  1"862, 
to    Chief  of  the  MHitary  Department. 

Companies  accepted  under  the  Call  for  Five  Additional  Retjiments. 

Twenty-Fourth    Keginiciit    of  South    Carolina    Volunteers,    C.  IT. 
Stevens,  Colonel  commanding: 

Captains    Sigwald,  Spears,    Appleby,    Gooding,  Jones, 

Hill,  Pearson,  Thomas,   Hammonds,  Tompkins 800 

Regiment  of  Artillery,  T.  G.  Lamar,  Colonel  commanding : 

Captain  Dickson 77 

Company  F G9 

G 79 

Second  Regiment  of  Artillery,  Colonel  Lamar: 

Captain  F.  F.  Warley :....       90 

"       J.  F.  Sanders 76 

"       J.  K.  Legare 92 

"       M.B.Stanly 100 

•'       Charles  Alt^ton,  Jr .' 100 

"       T.  D.  Gwyn 79 

"       11.  L.  Crawford 76 

''       T.  P.  Whitesidfis 7u 

"  •   W.  J.  McKcnill 70 

''       J.  H.  Stafford 70 

Three  companies  of  Moore's  Battalion 260 

m 

2,108 


FOURTH  SESSION.  621 


D. 

Department  of  the  Military, 
Columbia,  S.  C,  April  28,  1862. 
To  the  Governor  and  Council: 

III  obedience  to  your  directioiis,  and  in  conformity  with  my  duty,  1 
submit  to  your  consideration  an  abstract  of  a  report  made  to  this 
Department  from  the  Adjutant  and  Inspector  General,  in  relation  to 
the  forces  from  this  State  in  Confederate  service. 

On  the  2d  day  of  February  last,  the  Secretary  of  War  addressed  a 
communication  to  his  Excellency  Groveruor  Pickens,  stating  that  six 
per  cent,  of  the  entire  white  population  of  this  State — which  is  about 
eighteen  thousand — had  been  determined  upon  as  the  quota  to  be  fur- 
nished by  this  State  for  the  war.  Of  this  number  he  estimated  that 
we  had  then  six  thousand  in  the  field,  which  would  leave  twelve 
thousand  more  to  be  supplied.  This  remainder  he  expected  to  raise  by 
reen\istments  among  the  twelve  months  regiments  from  the  State  then 
in  service,  and  by  calling  for  five  new  regiments.  At  the  date  of  the 
communication  referred  to,  he  supposed  that  the  State  had  six  thousand 
troops  for  the  war,  and  seventeen  thousand  for  twelve  months.  ]>ut  in 
truth,  at  that  time,  the  rolls  in  the  office  of  the  Adjutant  and  Inspector 
General  exhibited  the  fact  that  we  had  on  the  20th  of  February — a  few 
days  after  that  date^-9,349  troops  for  the  war,  and  21,321  for  twelve 
months.  For  the  purpose  of  meeting  the  requisition  made  on  the  State 
for  its  quota  of  eighteen  thousand  men  for  the  wap — including  the  five 
new  regiments  called  for — the  Governor  and  Council  adopted  a  system 
of  conscription.  The  result  of  that  action  has  been  to  accomplish,  in 
less  than  two  months,  more  than  was. required  or  expected.  According 
to  the  data,  information  tind  estimates  now  before  us,  we  have  in  the 
field  in  Confederate  service  fur  the  war  22,004  men,  and  for  twelve 
iiionihs  17,210  men,  making  an   aggregate  from  this  State  of  39,274. 


622  APPENDIX  TO  THE 

RECAriTULATION. 

Now  in  the  field  for  the  war 22,064 

Quota  of  the  State — under  call 18,000 

Excess  over  the  quota 4,0G4 

In  service  for  the  war  at  the  time  of  the  President's  call.  .9,349 
In  service  now. for  the  war ...22,064 

Increase  since  the  call 12,715 

Total  in  service  at  time  of  the  call 30,670 

Total  now  in  service 39,274 

« 
Total  increase 8,614- 

That  the  rapid  increase  of  our  forces  in  the  field  is  attributable  to 
the  resolutions  of  the  6th  of  March  last,  establishing  a  system  of  con- 
scription, I  suppose  no  one  doubts.  1  must  say  that  the  returns  now 
made  are  by  no  means  full,  and  cannot,  therefore, "be  said  to  be  accu- 
rate; for,  uotwithstandinp;  the  constant  and  earnest  eflforts  of  Adjutant 
and  Inspector  Generals  Gist  and  DcSaussure  to  procure  information 
from  all  the  regiments,  we  have  not  been  able,  so  far,  to  obtain  from  the 
oflBcers  anything  approaching  to  complete  returns  of  the  new  enlist- 
ments. Our  cfi"orts  to  that  end  are  still  unabated,  ancj  we  have  now 
reasonable  expectation  that  they  will  be  furnished,  in  a  few  days. 
When  these  returns  are  received,  another  and  a  fuller  statement  will 
be  made,  with  as  near  an  approach  to  accuracy  as  possible.  That  state- 
ment, I  have  no  doubt,  will  show  a  much  larger  force  for  the  war  than 
is  here  exhibited. 

Respectfully  submitted, 

JAMES  CHESNUT,  Jr., 
Clilef  of  the  Department  of  the  AJilitary  of  South  Carolina. 


FOUKTEI  SESSION.  623 

E. 

OFFICE  Adjutant  and  Inspector  General, 
Columbia,  August  30,  1862. 
To  Hon.  James  Chesnut,  Jr.,  Chief-  of  Military  pepartment: 

Sir  :  I  have  the  honor  herewith  to  submit,  in  obedience  to  your  ordsr, 
a  report  exhibiting  an  approximate  estimate  of  the 'forces  contributed 
by  this  State  to  the  Confederate  service,  with  the  Kegiraents,  Battalions 
and  Companies  in  which  they  are  now  organized. 

The  list  of  organizations  will,  I  thinly  be  found  complete,  and  by 
reference  thereto  it  will  be  seen  that  the  State  has  now  in  service  the 
following  : 

Infantry — Twenty-eight  Regiments,  two  Legions,  eight  Battalions, 
two  Companies. 

Artillery — TWo  Regiments,  one  Battalion,  eighteen  Companies. 

Cavalry — Two  Regiments,  five  Battalions,  seven  Companies. 

Total — Thirty-two  Regiments,  two  Legions,  fourteen  Battalions, 
twenty-seven  Companies. 

It  would  be  more  satisfactory  if  this  office  had  the  means  for  furnish- 
ing a  statement  more  in  detail,  particularly  of  the  present  strength  of 
these  organizations,  and  of  the  losses  by  disease  and  other  casualties  of 
the  service.  The  regulations  of  the  Confederate  service  do  not  require 
the  sending  of  rolls  or  stated  reports  of  the  condition  of  the  forces  to 
the  offices  of  the  States  from  which  they  are  respectively  drawn ;  and 
when  troops  are  once  received  into  Confederate  service,  all  official 
knowledge  of  them  by  the  State  ceases.    " 

By  reason  of  this,  very  great  embarrassment  has  attended  the  efforts 
of  this  office  to  keep  pace  with  the^organization  of  our  forces,  and  to 
procure  reliable  information  as  to  the  numbef  of  men  actually  drawn 
from  our  population.  The  original  rolls  of  Companies,  on  file,  furnish 
but  little  satisfactory  infoi"u;.ation,  and  give  no  data  upon  which  to  esti- 
mate the  strength  of  the  Companies.  They  give  but  the  number  with 
which  the  Companies  were  first  organized — in  perhaps  all  cases  the  mini- 
mum of  its  strength — rwhilst  the  accretions,  by  recruiting  or  otherwise, 
not  being  reported,  arc  known  only  as  they  may  be  casually  ascertained. 
r>uring  the  period  from  the  1st  of  iMarch  to  the  l&t  of  July,  under 
the  jtressure,  first  of  the  proposed  State  conscription,  and  afterwards  of 
the  Confederate  conscription,  very  large  additions  were  made  to  the 
then  existing  organizations,  by  the  voluntary  going  forward  of  recruits, 
very  few  of  whom  were  reported  to  this  office.     In  some  instances  Com- 


624  APPENDIX  TO  THE 

panics  were  so  increased,  that  from  the  excess  new  Companies  were 
formed,  no  rolls  of  which  have  been  reported  to  this  office.  The  nuni- 
•ber  thus  irreguhirlj  added  to  the  service  did  not,  it  is  believed,  fall 
short  of  5,000  men.  Much  confasion,  also,  resulted  from  the  reorgani- 
zation in  Virginia  of  the  original  twelve  months  Regiments  whose  terms 
of  service  expired  in  April  last.  Entire  Companies  and  even  llcgi- 
ments  were  lost,  and  new  Companies  and  Regiments  formed ;  id  most 
instances  retaining  the  former  names,  but  the  Regiments  in  all  instances 
composed  to  a  great  extent  of  new  Company  organizations.  The  orig- 
inal 9th  Regiment  Wiis,  in  tliis  way,  wholly  lost;  and  the  old  4th  was 
reduced  to,  and  yet  remains,  a  mere  Rattalion*.  * 

To  remedy  this  want  of  information,  and  to  procure  accurate  descrip- 
tive rolls  of  all  persons  then  in  Confederate  "service  from  this  State, 
with  details  of  discharges,  deaths  and  other  losses,  blank  forms  were 
prepared  by  this  office,  in  obedience  to  your  order,  and  in  April  last. 
Were  forwarded  to  the  Commandants  of  Regiments,  Battalions  and 
Companies;  and  with  the  view  to  procure  a  prompt  return  of  the  rolls, 
special  agents  were  appointed  to  visit  the  troops  on  the  coast  and  in 
Virginia,  to  impress  on  Commandants,  by  a  personal  appeal,  the  impor- 
tance of  furnishing  the  information  desired.  These  efforts,  I  regret  to 
state,  were  only  partially  succqgsful.  In  some  instances  the  agents 
found  great  reluctance  to  prepare  the  rolls;  in  others  actual  unwilling- 
ness, and  in  a  few  instances  positive  refusals  to  undertake  the,  labor. 
Out  of  over  four  hundred  Companies  then  in  service^  only' about  two 
hundred  and  fifty  furnished  the  rolls;  and  of  those  so  furnished,  many 
were  so  hastily  and  imperfectly  prepared  as  to  give  but  little  satisfactory 
information.  So  far,  however,  as  they  were  carefully  and  properly  pre- 
pared, they  furnish  the  only  certainly  reliable  information  to  be  found 
in  this  office  of  the  strength  and  condition  of  the  respective  Companies. 

The  estimates  embodied  in  die  accompanying  report  have  been  made 
up  from  many  sources;  partly  from  the  April  rolls,  above  referred  to; 
partly  from  reports  ?»btained.  from  officers  in  command;  partly  from 
returns  to  the  Confederate  officer  commanding  the  Department  of  South 
Carolina  and  Georgia;  partly  from  information  furnished  by  individuals; 
and  in  a  few  instances  from  conjecture.  These  estimates  are  intended 
to  repres(?nt  the  highest  number  of  men  who,  from  first  to  last,  have 
belonged  to  the  rcspcctij'e  organizations,  not  including  discharges.  In 
some  instances  they  may  be  found  too  high;  but  generally  they  are 
believed  to  be  below  the  correct  number.  So  far  as. they  are  based  on 
tho  April  rolls,  they  represent  the  strength  of  the  organizations  at  the 


FOURTH  SESSION.  625 

time  those  rolls  were  prepared,  say  the  1st  of  May,  and  do  not  include 
the  additions  since  made  to  the  Companies.  And  in  many  cases  where 
vre  have  only  been  able  to  ascertain  the  maximi^i  strength  of  a  Regi- 
ment or  Company,  it  is  .obviously  short  as  a  proper  estimate:  for, 
whilst  recruits  are  being  daily  added,  and  losses  by  death  or  otherwise 
are  daily  occurring,  the  maximum  is' not  increased,  when,  in  fact,  a 
continual  draft  is  made  from  the  population  of  the  State.  An  abso- 
lutely correct  estimate  can  only  be  had  by  adding,  to  the  present 
strength  of  Companies,  the  number  of  losses  by  disease  or  other  casual- 
ties of  the  service,  and  of  discharges  by  reason  of  wounds  or  wasted 
health.  If  such  an  estimate  could  be  prepared,  I  am  fully  assured  that 
the  number  of  men  contributed  by  this  State  to  the  public  defence 
would  be  found  to  exceed  fur/^-^ve  thousand. 

It  is  much  to  be  regretted,  that  a  very  considerable  number  from 
this  State  have  connected  themselves  with  the  organizations  of  other 
States.  In  the  Districts  adjoining  North  Carolina,  very  many  were 
induced,  by  the  very  liberal  bounty  there  offered,  to  join  Companies 
organized  in  that  State.  And  in  the  April  reorganization  in  Virginia, 
very  many  exercised  the  option  given  them  by  the  Conscription,  Act, 
to  go  into  other  arms  of  service,  and  connected  themselves  with  Com- 
panies of  Artillery  and  Cavalry  from  other  States,  chiefly  Virginia. 
These,  amounting,  it  is  believed,  to  several  hundred,  are  whollv  lost  to 
the  credit  of  the  State. 

In  obedience  to  the  resolutions  of  the  honorable  Governor  and  Coun- 
cil, the  first  corps  of  State  Militia  Reserves,  embracing  all  males  sub- 
ject to-  duty  between  the  ages  of  thirty-five  and  fifty,  have  been 
organized,  with  a  view  to  active  service,  in  the  event  that  the  necessi- 
ties of  the  State  defence  should  require  it.  Of  these  ten  Regiments 
are  aljcady  formed  and  officered,  each  comprising  ten  companies; 
and  it  is  conjectured  that  the  Companies  yet  remaining  to  be  organized, 
will  yield  at  least  another  Regiment.  The  average  strength  of  these 
Regiments  will  be  about  seven  hundred,  making  an  aggregate  in  the 
State  of  near  eight  thousand  effective  men  of  this  corps. 

The  second  Corps  of  Reserves,  embracing  all  males  between  the  ages 
of  fifty  and  sixty-five,  all  those  between  sixteen  and  eighteen,  and  all 
exempts,  remain  subject  to  p.itrol  and  police  duty  in  their  respective 
IJeats,  under  the  command  of  the  officers  of  the  militia,  as  reorganized 
in, January  last,  under  the  Act  of  the  General  Assembly.  In  the 
present  existing  scheme,  this  corps  constitutes  the  regular  militia 
organization  of  the  State.  Its  strength,  there  is  no  prosoiit  moans  of 
79 


626  APPENDIX  TO  THE 

ascertaining,  as  an  enrollment  has  not  been  thought  of  sufficient  im- 
portance to  justify  the  labor  and  expense. 
I  have  the  honor,  sir,  to  be, 

Very  truly,  yours, 

.    C.  D.  MELTON, 
Assistant  Adjutant  and  Inspector  General. 


APPROXIMA  TE  ESTIMA  TE  of  the  strength  of  the  South  Carolina 
Pcjimcnts,  Batialiuns  and  Companies  noic  in  Confederate  service. 

Infantry. 

Slj-Ie  of  Organization.  Commanders.                                         No.  Men. 

1st  Reg't  S.  C.  Volunteers Col.  Hamilton 1,100 

1st     "         "             "          .: Glover 750 

2d      "         "             "          Kennedy 850 

3d      "         "             "          Nance 1,066 

4th  Mattison's  Battalion f.....         ]Mattison...'. 400 

5th  Ileg't  8.  C.  Volunteers Jackson  700 

6th     "        ."             "         *      Bratton ;"..  700 

7th     "         "           ."         Aiken..... 803 

8th     "         "             "         llenegan. 819 

10th     "          "  ,           "          Mauigault 1,100, 

11th     "         "             "         Ellis 921 

12th     "         "             "         Barnes.... ],100 

13th     "         "             "         Edwards 1,250 

14th     "         "             "         WcGowan 1,144 

15th     "         "             "         BeSaussure :.....  976 

IGth     "        "            <'         McCullough.... 792 

17th     "         "             "         :Meaiis '. 852 

18th     "         "             "         Gadbcrry... 942 

19th     •'         "             "         Lythgoe...... 827 

20th     "         "             "         Kcitt 950 

21st     "'        "             "         Graham 848 

22d      "         "            " Goodlctt..... 873 

23d      "         "            "         Benbow.;...*. 765 


Carried  forward >20,548 


,  FOURTH  SESSION.  G27 

Approximate  Estimate — Continued. 

style  of  Organization.  Commandera.  No.  Men. 

Brought  forward , 20,548 

24th  Reg't  S.  C.  Volunteers Col.  C.  H.  Stevens ! 1,020 

25th     "         "             "         Smionton 900 

1st  Rifles Marshafl 1,500 

2d       "     Moore .* 884 

1st  Reg't  S.  C.  A.  (Regulars) Drinovant 700 

Hampton  Legion Griffin 1,100 

Ilolcombe  Legion •. P.  F.  Stevens 1,138 

Laurens   Battalion Lt   Col.  James ,...  528 

Smith's  Battalion.. Smith 552 

Manigault's  Battalion Major  Bjrd 638 

Nelson's              " Nelson 162 

Charleston           "       Lt.  Col.  Gaillard 430 

Palmetto  Sharp  Shooters — l,li)0 

Battalion       "           ''       Major  Smith 300 

"            ^'           "       Abney T 300 

Partisan  Rifles Capt.  Brooks 8G 

Ordnance  Guard ....- 100 


32,280 


Artillery. 

1st  Reg't  S.  C.  Artillery Col.  Calhoun 863 

1st     "         "      Volunteers '      Lnmar 1,040 

Palmetto  Batt.  Lt.  Artillery Lt.  Col. "White..... 1,059 

^Macbeth  Light  Artillery Capt.  Boyce 161 

Beaufort  Artillery Elliott 97 

Marion  Arti-llery Parker 100 

Wa.shington  Artillery Walter 134 

LaFayette  Artillery Kanapaux 90  * 

Clie.stcrficld  Artillery Coit 130 

Gist  Guard Chichester 90 

German  Artillery,  Co.  A Werner.. 83 

"           "    B Melchers    72 


Carried  forward 3,919 


628 


APPENDIX  TO  THE 


Approximate  Estimate. —  Continued.  • 

style  or  Orpanitatlnn.  OommatiJere.  No.  A^en. 

Brought  forward 3,919 

Ijisuiounted  Draj.'oous Major  Lucas 169 

Ferguson's  Artillery Capt.  Ferguson 92 

Buist 100 

Alston 95 

.....'....            IJonncau 10j3 

Ward 100 

Garden 100 

Stanley 98 

Gaillard 100 


raliuctto  Guird 

Alston's  Arfillery... 
Matthews  Artillery. 

Ward's  Battery , 

Garden's  Battery  ... 
Staaley's  •Artillery .. 
Gaillard's  Artillery.. 


4,873 


Cavalry. 


1st  Regiment  Cavalry.'. Col.  Black. 


1st  Battalion 

2d 

t( 

3d 

ik 

4th 

" 

5.th 

(( 

897 

"     Major  Morgan , 320' 

"     Stokes... 383 

"     Easley 320 

"     Emanuel 352 

"     .* Jeffords 391 


Colleton  Rangers Capt. 

Calhoun  Mounted  Men 

St.  Peter's  Guards 

Howard  Cavalry 

Charleston  Light  Dragoons 

Ashley  Dragoons 

Barnwell  Dragoons 

Rutledge  Mounted  Riflemen 

Savannah  River  Guard 

Hey  ward's  Cavalry •. 

German  Huzzars i.: 

Rebel  Troop 

Santee  Rangers,  Co.  A 

San  tee  Rangers,  Co.  B 


Canipbel! 85 

Martin ?5 

Smart 88 

Howard 80 

Rutledge  '.. 95 

G.  C.  Heyward..! 100 

LawtoD 110 

Trcuholm 90 

Johnson 90 

D.  B.  Heyward 110 

Cordes bO 

Jenkins 85 

Pinekney : 90 

Whilden 90 


Carried  forward 3,844 


FOURTH  SESSION.  629 

•     - 

Ayproximate  Estimate-^  Continued. 

style  of  Organization.  Ccnjnianders.  No.  Men. 

Brought  forward 3,844 

Boykin  Rangers Capt.  Boj'kin 80 

Kirkwood  Rangers Dobjr 90 

Partisan  Rangers Col.  Aiken ^ 700 


4,714 


Of  the  above  companies,  ten  have  recently  lecn  formed  into  a  regi- 
ment, under  Col.  Colcock,  being  the  2d  Regiment  of  Cavalry. 

Aggregate. 

Infantry 32,2S6 

Artillery '. 4,873 

Cavalry ' 4,714—41,873 

To  which  add  Conscripts  recently  sent  forward,  say...,  1,100 

42,973 


630  APPENDIX  TO  THE 

F. 

Condensed  view  of  the  Cash  transactions  of  the  Quartermaster  Gen- 
eral's Bureau  for  the  State  of  South  Carolina,  from  the  1st  of 
January,  1862,  to  the  ZQth  of  June,  1862. 

Dr. 

To  balance  from  1801 §21,413.05 

Cash  from  treasury  1st  qr.,  18G2 $143,355  00 

"         "  2d        "        7,500  00—150,855  00 

"  clothing  acct.   1st        "        3.').072  35 

"  "  2(1        "       02,915  01 98,887  36 

"  camp  equipage,  1st        "        45  80 

2d         "        4...  294  12 -JnO  92 

"  public  property  sold,  such  as  horses, 

mules,  wagons,  &c.  1st  quarter....       2,436  00 

"  do.  do.     2d         "     ....  590  72 3,026  72 


§274,522  U5 


Cr. 

By  Disburs'ts  on  clothing  acct.,  Istqr.  18G2,S120,472  13 


.? 


1 

,  2d 

(( 

11,801  35- 

§138,333  48 

camp  equipage. 

1st 

(( 

52,740  48 

(( 

2d 

(( 

8,611  63- 

—61,352  11 

transportation. 

1st 

ti 

7,562  61 

t( 

2d 

(I 

^89  25- 
^00  00 

—11,051  86 

horses  and  mules,  1st 

li 

i( 

2d 

<( 

.  6,742  t)0- 

7,142  50 

forage, 

Ist 

a 

2,35%  89 

(i 

2d 

(( 

059  00- 

3,015  80 

storage  and  rent 

,'lst 

(< 

256  00 

(( 

2d 

(( 

910  50- 

1,172  50 

incidental,  * 

1st 

i( 

3,218  62 

(( 

2d 

(( 

3,482  75- 

0,701  37 

stationery, 

Ist 

(( 

lOL'  12 

li 

'>A 

(< 

103  71- 

''Ofi  R<1 

wood, 

1st 

(( 

.        45  50 

(( 

2d 

li 

905  25- 

950  75 

commutation, 

Ist 

(( 

75  00 

'<  * 

2d 

<( 

3,845  00- 

3,920  00 

to  Capt.  Motto  Pringle, 

Q'riiiaster, 

4th  Hr'de, 

5,855  00 

Ba 

lance 

to  next  account — 

• 

34  810  76 

§274,522  05 

FOURTH  SESSION.  631 

G. 

Cumparadve  view  of  Salaries  j^dxf  io  the  Quartermaster  General  and 
his  Assistants,  com  jailed  from,  Exhibits  on  file  in  (his  Department, 
and  condensed  into  Quarterly  Statements,  from  the  1st  of  Jul//, 
1861,  to  the  30/71  of  June,  1862. 


^  Salaries  paid  during  the  quarter  ending  30th  Sept.,  1861,  83,651  40 

"  *                 "                 "            31st  Dec,       "  3,126  40 

*'                     "                 "            31st  March,  1862,  ^,411  40 

"                   «<                "           30th  June,        "  1,575  00 


632 


APPENDIX  TO  THE 


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FOURTH  SESSION. 


633 


Qiitntiti/  of  Clothing  famished  to  each  non-commissioned  officer,  musi- 
cian and  private  of  the  Confederate  States  Army,  for  each  year  of 
the  three  years*  service,  showing  the  cost  of  each  article,  cost  per  year, 
and  cost  over  allowaitce  of  the  §50  commutation  money  allowed,  ac- 
cording to  the  price  of  clothing  and  materials,  July,  1862. 


ARTICLES. 


a,  u 

-2  >> 


Caps,@J,1.25 2 

Cnp^Covers,  @75c..> 

Coats,  @.?12 

Trowsers,  (ai$6 

Flannel  Shiits,  @$2 

Flannel  Drawpfs,  @  1.75 

Bootees,  @|4.75 

Pairs  Storkings,  @50ft... 
Leather  Stocks,  @50..... 

Great  Coat,  (a)$15... 

Blankets,  @f4 


Deduct  Commutation. 


Loss 

Loss  per  1,000  men., 


CdST. 


$2  50 

75 

i24  00 

18  00 
6  00 
6  25 

19  00 
2  00 

60 
15  00 
4r  00 


as 

•3  >. 


97  00 

60  00  , 


47  00  , 


»47,000  00 1. 


COST. 


$1  25 

75 

12  00 

12  00 

6  00. 

3  60 
19  00 

2  00 


•3  >< 


COST. 


$1  2i 
7 

12  Ot 

12  Oi 
6  OCi 
3  6(1 

19  Ot 
2  00 


66  50 

50  00', 


50;. 


16,500  OOL 


60  50 
60  00 


10  50 


;  Total  cost 
!    for  the 
three 
years . 


(temarks. 


15  00 

2  26 

48  00 

42  00 

18  00 

12  25 

67  00 

6  00 

60 

15  00 

S'lO 


214  00 
160  00 


64  00 j Per  Man. 


110,500  00' .'  164,000  OOl 


Upon  the  supposition  of  20,000  men  in  the  service,  the  loss  will 
be: 

First  year 894a,000  00 

Secondjear 130,000  00 

Third  year 210,000  00 

Whole  loss  for  the  three  years §1,280,000  00 

Note.— It  will  be  see  n  that  the  prices  afi^ed  to  the  articles  In  the  aboVe  table  «re  far  below  the 
ruling  prices  at  this  date,  1st  September,  18C2. 


80 


634  APPENDIX  TO  THE 


Condensed  Vietc  o/fhe  Cash  Tremtaciiotu  0/ the  Commt'tsarjf  General! t 
Bureau  for  the  State  of  South  Carolina, /rom  the  \st  oj  January, 
1862,  to  the  ZQth  o/June,  18G2. 


Dr. 

To  Balance  from  ISGl 815,L'GG  15 

Cash  from  Treasury,  Ist  quarter,  1S62 ...... 837,000  00 

"       "  "         L'd        "  "    G0,000  0 J— 97,000  00 

"     from  sales  to  XJou federate  ''iovcrmncnt 

Ist  quarter,  iHGl' 25,944  GO 

"     from  sale*  Ui  Coiiftdcratc  Governuieut 

2d  quatt.r,  18G2 10,079  57— 3G,024  23 

"     from  sales  to  other  parties,  Ist  quarter, 

ix'.L' 2,022  90 

"     from  sales  to  other  parties,  2d  quarter, 

1SG2 luU  GU 2,1;')3  50 

"     from  proceeds  of  Salt  seized  at  Che- 
raw  bj  order  of  Gov.  I'ickcus 2,508  56 


8152,952  44 


July  Ist,  to  balance  brought  down 820,256  21 

Cii. 
IJy  Purchase  of  cattle  to  cure  into  salt  beef....  814,1 8!>  89 
"         "  bacon,  rice,  lU,  1st  (|uarter... 846,291   51 
"        "      '«        "      "2d         "     ...  54,562  77-100,854  28 
Dihbursemcnts  for  collecting  rico  from  exposed 
regions,  freights  to  the  interior,  and  inci- 
dental expenses,  Ist  quarter 7,515  23 

Disbursements  for  collecting  rice  from  cxpo.-^ed 
regions,  freights  iu  the   interior,  aud   inci- 

dental  expenses,  2d  quarter 10,137  83 — 17,653  06 

Balance  carried  to  next  account  20,256  21 

8152,952  44 


FOURTFI  ^SESSION.  035 

K. 

Inventory  of  Sforcs  on  hand  in  tJie  Commissary  General's  Bureau,  on 
the  1st  of  July,  1862,  and  the  cost  value  thereof. 

6,800  %  Salt  Pork,  @  20c «1,360  00 

25,805    "    Bacon,  @  32c.. '     8,257  60 

3,251    "    Hams,  @  33Jc 1,083  00 

152,641    "   Salt  Beef, g@  lie 16,790  51 

5,505    "    Dried  Beef,  @  l^c 990  90 

10,000    "    Soup  Cakes,  @  6c 600  00 

1,437  bbls.  Flour,  @  SU 15,807  00 

604  lbs.  Hard  Bread,  @  12c 72  48 

1,915,003    "   Rice,  @  3c 57,450  09 

21,169    "    Sugar,  @  13c 2,751  97 

7S5  sacks  Salt,  Qf)  S12 ." 9,420  00 

1,657  gallons  Molasses,  @  81 1,657  00 

Small  stores,  not  enumerated,  say 1,000  00 

Total  cost  value §117,241  21 

Market  value  on  the  1st  of  July,  about 8250,000  00 

The  bacon  and  beef  cured  by  Robert  Adger,  Esq.,  in  Anderson, 
amounting  to  between  two  and  three  hundred  thousand  pounds,  is  not 
included  in  the  above  inventpry,  as  the  accounts  are  not  yet  closed. 
I 

\ 


636 


APTENDIX  TO  THE 


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FOURTH  SESSION. 
M. 


637 


Condensed  view  of  the  Cash  Transactions  of  the  Paymaster  GeneraVs 
Bureau  for  the  ^tate  of  South  Carolina,  from  the  \st  of  January, 
1862,  to  the  SOth  of  June,  1862. 


Dr. 


8788  89 
% 


To  balance  from  18G1 

Receipts  froto  Treasury  1st  quarter,  1862  ..$40,000  00 
"  "       ,2d  "  17,000  00—57,000  00 


July  1st,  balance  brought  down. 


*  Cr.     . 

By  payments  to  Regulars  made  Istqr.  1862 
((  u  ((      2d       " 

"  Volunteers "     1st      " 

i(  u  i(      2d       " 

Balance  carried  to  next  account.., 


§07,788  89 
$3,383  60 


1,628  86 

9,064  94—10,693  80 
34,952  34 

8,759  09—43,711  43 
3,383  66 


357,788  89 


638  APPENDIX  TO  THE 

N. 

Condensed  view  of  the  Cnsh  Irnnsdctions  in  (he  Emjineers  Bureau 
for  (he  S(a(c  of  Sou(h  CuroMna,  from  (he  1st  of  Jcuiuarf/f  18G2,  (o 
the  SOth  of  Jufle,  1862. 

Dii. 

To  Cash  from  Treasury  for  I'cc  Dcu  obstructions 84,590  76 

t^ess  (his  amouut  returned  to  Treasury 16G  76 

-      .  $4,42-4  00 

To  Cash  from  Treasury  for  Reconnoissance  Santee  River 97  90 

"  "  Jr-urvey  Mountain  passes 036  43 

85,458  33 

♦  ^^ 

Cu. 

By  expenditures  for  Pee  Dee  obstructions 4,424:  00 

"  Recounoissanci.'  Santee  River.... 07  90 

"  Survey  Mountain  passes 930  43 


85,458  33 


FOURTH  SESSION. 


639 


0. 

Cond^sed  Tabular  View  of  the  j^rincipal  operations  of  the  Ordnance 
Bureau  for  the  State  of  South  Carolina,  from  December,  1860,  to 
August,    1862; 


ARMS  AND  AMMUNITION. 


Miiskets  

JUHcs 

Pistols 

Sabres 

Swords 

IVrcussion  Caps 

Cannon  Caps 

Musket  Cartridges 

}iitte  Cartridges •. 

Powder,  (pounds) , 

Heavy  Ordnance 

Field  Artillery 

Artillery  Carriages 

Projectiles  (prepared) m 

Projectiles  (unprepared) 

Grape  and  Canister  (iKiuDds)... 

Le.td 

Muskit  Balls  (round) 

Musket  Halls  (conical) 

Mufket  Balls  (pounds) 

Double-R-irreled  Ouas 


Doc.  l^U),  to,  Dec.  IK.l. 


63    03 


*4.850 


23,703 

3,704 

2.271 

1.877 

771 

120,00011,315,775 

2,070 

67.110 

38,000 

20.400 

.       103 


3,174 

6,230 
229,500 


M4,656 

531.147 

417,550 

10 

t4 

89 

16,249 

31.441 

61.^48 


.laiiuar^  1,  l^ii'J,  to  Aui;.  3o,  ]h(.2. 


25.971 

3,115 

2,271 

1,779 

534 

1,008.525 


rai.2.3r, 

4U.147 

373.897 

lOOi 

62 

145 

16,308 

26,902 

252,132 


J2.582 
$689 


98 

237 

427,250 

10,500 

160,630 

125,000 

264,053 

13 

18 

22 

3,115 

10.769 

38,916 

3,000 


6,500 


i-o  o 

3'3*» 

<;  "■; 

ffe     i 

•S-=  =  v 

■s 

|pi=i 

M 

5,198 

4,921 

16,738 

2,476 

829 

671 

2,224 

1,730 

348 

8 

194,520 

53,000 

945 

480.713 

45.630 

211.322 

25.224 

10,130 

36,887 

9 

20 

31 

31 

27 

31 

3.865 

650 

3.791 

4,084 

•      880 

-      1,316 

57,779 

39,642 

60,000 

35,000 

220' 

199 

2.859 

114,851 

158 

692 

577 

568.770 

11,445 

601,613 

311.098 

^7,296 

18 

IS 

6,330 

10,476 

38.480 

21.1:!7 

60.000 

35,000 

•    6,.'>00 

21 


♦  Purchased  by  order  of  GoTemor  Gist.  • 

t  One  31^  Inch  Rifle  Gun,  presented  by  C.  K.  Prioleati,  of  Liverpool ;  two  Z]^  inch  Rifle  Guns, 
presented  by  Messrs.  Fraser  &  Co.;  oA  SJ^  Inch  wrought  iron  Rifle  Gun  ^Utout^d  by  P.  C.  J. 
Weston . 

J  Coudcmned,  irreparable,  452, 

§  4,843  pounds  old  and  damaged.  '  , 

1 2,535  Cnfield,  neW,  purchased  in  Europe. 


640  APPENDIX  TO  THE 

P. 

Receijits  and  Expenditures  of  the  Ordnance  Department  of  the*  State 
of  South  Carolina,  from  the  1st  of  Januavi/,  ISGl,  to  the  25th  of 
January,  1862.  ^ 

Receipts. 
From  the  Treasurer  of  the  Lower  Divisiou  for  appropria- 
tion of  the  Legislature.. §150,000  GO 

"     lion.  E.  Frost,  Secretary  of  the  Trcasuiy 120,000  00 

'<■     Hon.  W.  G.  DcSaussure,  Secretary  of  the  Treasury  220,000  '00 
<'     Col.  E.  Manigault,  am't  of  his  and  clerk's  salary, 
which  was  paid  out  of  the  General  Fund,  and  after 

collected  from  Treasurer  of  Lower  Division 3,250  00 

"    'Sales  of  coal  taken  from  U.  S 2,398  00 


3501,648  00 
Expenditures. 

On  Cannon  acct.,  purchased.. 5,039  38 

Artillery  acct,  carriages,  implements,  &c..  71,067  38 

Ammunition  acct 145,258  22 

Artillery  projectiles,  shell,  shot,  &'c 105,805  11 

Ordnance  tools 1,589  03 

Small  arms., ,  53,580  38 

Equipments  for  infantry  and  cavalry  comp's  99,831  97 

General  expfnses  of  iJcpartment 19,376  93 


501,608  40 


.^.' 


Balance  of  cash  oo  hand,  12th  January,  1862 §39  60 

Special  Fund! 

1801.  -  •       , 

Jan'y  9.  Donation  by  Mr.  Plowden  C.  J.  Weston,  for  pur- 
chase of  "arms  of  preci.sion  " 85,000  00 

Less.paid  for  one  wrought  iron  rifle  six-pounder  gun 
in  hands  of  Major  E.  Manigault,  for  use  of  his 
battalion 800  00 

1802.  -* 

Au".  1.  Balance  in  hands  of  Ordnance  Officer ' S4,200  00 


FOURTH  SESSION.  641 

Q.     • 

Coii'hnxed   view  of  (he    Oash   Transactions  of  the    Ordnance  Bureau 
'  for  the  State  of  South   Carolinay  from  the  2Gth  of  Jiimiarj^,  18G2, 
to  the  '60th  of  June,  1862. 

Dr. 

To  Balance  from  1861 t^9  60 

Cash  from  Treasury,  1st  quarter,  1862 $66,7':  i)  00 

"         ''         "         2d        ''         "    39,56'.  00—106,282  00 

"     from  sales  of  damaged  Powder,  1(;''  00 

'<       '•  ''        Acids,  &c 150  50-- :j_10  50 

"  refunded  on  Shells  purchased  from 
Glaze  the  8th  of  April,  186!,  not 
passing  the  inspection  ordered  by 

Chief  of  the  Military  Department..  1,500  00 
"     donation  from  the  Marion  Fire  En- 
gine Company,  Charleston.... •  44  44 

"  from  W.  J.  Laval,  Treasurer  Lower 
Division,  to  pay  salary  of  Ordnance 
Officer,  1861 1,000  00 

5109,176  5^ 
July  1st,  1862,  to  balance  from  June 2",399  9l 

Cr. 
By  Artillery  and  Carriage  acct.,  1st  qr.,  '62  S7,733  63 

"         "         "            "      2d'  "  16,438  13—324,171-76 

Projectiles                 '       "       1st  "  4,798  59 

"  "       2d  "  2,457  30 7,255  89 

Smiill  Arms                      "       1st  "  4,754  55 

"  ^  "       2d  "  4,460  70 9,215  25 

Equipment                       "       1st  "  29,992  35 

"  "      ;>d  "        *   8,866  65 38,859  00 

Ammunition                    "       1st  "  10,893  79 

"        -  "2d  "  10,396  07 21,289  86 

General  Expense      •       "       1st  "  2,459  21 

"       2d  "  3,525  63 5,984  84 

Balance  to  next  account 2,399  94 

3109,176  54 

::1  ~. 


642  APPENDIX  TO  THE 

R. 

Issuer  of  Ordnance  and  Ordnance  Stores  to    Confederate  Govemmcni 
from  January  1,  1862,  to  July  1,  1862. 

12-pounder  guns,  smooth  bore. 4 

12-poundor  guns,  rifled 3 

Carriages 7 

Ammunition  chests 8 

18-poundcr  guns .' 2 

24-poundor  guns,  rifled 3 

8-inch  Colunibiads 1 

82-poundcr  guns 1 

42-pounder  guns ...  1 

8-inch  Fea-coast  howitzers 1 

8-inch  siege             "         4 

Sling  Carte 1 

12-pounder  phot,  rifled 198 

12-poundcr  shell,  rifled 36 

12-pounder  canister 127 

8-inch  sea-coast  howitzer,  canister 38 

ly-pounder  shot 25 

18-pounder  canister : 25 

24-poundcr  shot,  rifled 264 

9-iuch  solid  slwt \. '. 200 

9-inch  shell 400 

6-pounder  spherical  case 275 

12-pounder  howitzer  spherical  case — : 125 

.    12-pounder  shell 150 

■     8-inch  shells.... , 200 

10-inch  shells 200 

Cartrijdge  Bags,  9  inch  gun 115 

12-pounder  shot 123 

Friction  tubes 2,500 

KomaQ  fuses ••  250 


FOURTH  SESSION".  (J43 

S.' 

Issues  of  Field  Guns  and  Carriages  to  State  Artillery  in  Confederate 
service,  from  Januari/  1  to  July  1,  18(32. 

4-pouucler  gun^ , ....' 6 

G-pounder  guns 20 

12-pouDtler  howitzers 2 

Enlield  rifle  guns 3 

Ammunition  chests 10 

Gun-carriages 31 

Caissons i 19 


T. 

'S'atement  of  Artillery  Projectiles  issued  to  the  Confederate  Government, 
,  from  January  1  to  July  1,  1862. 

6-poun^cr  shot,  fixed '. 70 

6-pounder  spherical  case,  fixed 285 

.  6-pounder  canister,  fixed ' 20 

12-poundcr  howitzer  spherical  case,  fixed 135 

12-pounder  howitzer  shell,  fixed 150 

9-inch  solid  shot , 200 

9inch  shell ., 400 

8-inch  howitzer  canister 38 

Spherical  case  shot,  unfixed 50 

24-pounder  rifle  shot  and  shell...., 144 

S-inch  mbrtar  shells 269 

1 0-i n ch  mortar  sh ells 200 


644  APPENDIX  TO  THE 

IT. 

Ahsfrarf  of  issues  of  Small  Arms  to  Troops  from  South  Carolina,  sent 
into  the  yervire  of  the  Vovfederatc  Government^  from  1*7  January, 
1862,  to  \st  July,  1862. 

Rifles,  Ilnfield ^19 

"      State 141 

"      per  0'64 1,246 

Total  Kiflcs 2,206 

M uskcts.  Percussion 2,321 

"  niodcll842...; , 955 

•'       altered  to  Percussion 1,201 

"       Cadet...; 40 

"       Minic ,. 254 

Total  Muskets .• 4,771 

Carbines .'. * '. 170 

Cavalry  Pistols,  Percussion .' 322 

"  "       Flint  and  Steel .• 332 

Colt's  Navy  Revolvers 9  ♦ 

Total  Pistols.... 663 

Sabres,  Cavalry .'. : 1,714 

Swords,  Officers' — '.  8 

Equipments,  Infantry 6,165 

"  Cavalry 934 

Double  Barreled  Guns 123 

Bayonets A  ; 5,795 

"        Sabre 1,083 

Cartridges,  Musket 34,690 

Rifle 6,800 

"         Revolver 834 

Percussion  Caps -. ...  13,574 

Articles  of  minor  importance  not  enumerated  on  the  above  abstract. 


FOUllTH  SESSIO^T.  045 

V. 

Statement  of  Powder  issued  from  1st  Jannary,  1862,  to  \stJuly,  1862. 

ISSUES  TO  THE  CONFEDEllATE  GOVERiNiMENT.* 

Cannon,  pounds  of 7,435 

Musket,       "      "  300 

Eifle,  "      "   : 16,400 

Blasting,     "      " 325 

Total,  pounds  of ^ .24,460 

ISSUES  FOR  FIELD  AND  SMALL-ARM  AMMUNITION. 

Cannon,  pounds  of 2,602 

Musket,      "     •"  4,530 

Rifle,  "      "  5,025 

Blasting,     "       "  ^ 270 

Total,  pounds  of 12,427 

POWDER  ON  HAND  FIRST  JULY,  1862. 

Cannon,  pounds  of 7,371 

Musket,       '*     " 8,570 

Rifle,  '^     " 11,350 

Blasting,      "     "  : 900 

Mealed,       "     " 1,262 

Pickens  District,  pounds  of , 3,000 

Old,  mixed  and  damaged,  pounds  of 4,843 

Total,  pounds  of 37,290 


646  A1?PENDIX  TO  THE 

W.  '      . 

Condcnscti  view  of  the  Cash  Transactions  of  the  Saltpetre  Plantation 
for  the  State  of  South  Carolina  from  \()th  April  to  \st  Scpttmhcrj 
18G2.  . 

'1862.  '         •  I)K.  .    "  .    •    „ 

April,  To  Cash  from' Treasury §4,304  58 

July,    "       "       •'         " 3,700  52 

August,       "       ''         "  1,483  00 

^  S9,488  10 

Cr. 

Sept.   1st,  By  Disbursement,  Building  Account. ..§3,316  29 

"         "  "■     Horses  and  Mules  Account....  2,522  00 

"         «  "     Forage                          "                 276  45 

<<         "  "     Harness  and  Tools       "                 483  78 

'<         "  "     Wagon  and  Cart          ''                 415  00 

"         "  "     Materials                       '*                  584  95 

"         "  "^    Labor                           "                 625  54 

'<         "  "*    Weekly  Allowance      "                 501  58 

"         "  '<     Salary                           "                 375  00 

-9,100  59 


Balance  on  band  the  1st  of  September,  18G2 S387  51 


FOURTH  SESSION.  .647 

X. 
ABSTRACT  OF  DISBURSEMENTS 

By  the  Department  of  the  IMfrjTARY  of  South  Carolina  from 
'January  27,  1862,  to  August  14,  1862. 

Pai/mcnts  in  pursuance  of  Ordinances  of  the  Convention,  Ac(»  and 
Resolutions  of  the  Legislature,  and  hy  order  of  his  Excellency  Gov- 
ernor Pickens,  prior  to  the  organization  of  the  Executive  Council. 

Payments  to  Quartermaster  General...- $169,047  66 

"            Commissary  General 37;000.  00 

"            Paymaster  General 66,058  39 

"     for  Hospitals 15,482  50 

"            Ordnance  purposes ..*,.  68,826  00. 

"            Repairing  arms 6,.)16  92 

"            Arsenal  purposes...'. : '. 3j-200  00 

"            Recruiting  service 17,000  00 

*'            Railroad  brid,^e  guards 5,083  91 

"            A.  L.  Dearing  (Military  service) 190  00 

"            Traveling. expenses  (Agents) 85  65 

"            Arresting  soldiers ^ 45  75 

"           Salary  of  Clerk 233  33 

"            Gunboat  commission '. 300,000  00 


$688,270  01 

Deduct  : 

Balance  in  Quartermaster's  hands i.. §83, 390  53 

Balance  in  Surgeon  General's  hands 1,236  88—84,627  41 


Total  disbursements,  as  above ; 6603,642  60 


648  APPENDIX  TO  THE 

1  Payments  in  pursiiance  of  orders  hy  the  Executive  Council. 

PaynicDts  to  Quartermaster  General 7,500  00. 

"            Commissary  General 00,000  00 

"            Paymaster  General....' 4,941  Gl 

"      for  Kcconnoissances 1,034  33 

"           Ob^^tructioDs,  Pee  Dec 4,42'4  00 

'*            Ordnanee  purposes .' GO, 215  81 

"            Exehange  for  arms  and  drups 79,5G1  04 

"            Freighton          "               "     11,104  14 

"           Old  arms ". 5,077  97 

"            75  new  Enfield  rifles .' 3,000  00 

u            Freight  on  old  arms 122  G5 

"             Lead,  saltpetre  and  sulphur 2,481  52 

8ock.s 72  90 

"            Enrolling  Militia ., 83  10 

".           Saltpetre  plantation 9,488  10 

"            Traveling  expenses  (Agents) G5  75 

"      ^       House  and  lot  in  Columbia*. .> 4,500  00 

8253,462  92 

Deduct : 

Balance  in  Commissary's  ^ands $20,256  21 

"  Paymaster's         "    ♦ 3,383  66 

"  Ordnance  officers 5,242  OG— 28,881  93 

Total  disbursements  by  order  of  Executive  Council... $224, 580  90 

Recapitulation. 

Total  disbursements  under  Ordinance^  of  the  Convention, 
Acts  and  Kesolutions  of  the  Legislature,  and  by 
order  of  Governor  Pickens,  prior  to  the  organization 
of  the  Executive  Council S603,G42  60 

Total  disbursements  under  the  engagements  of  the  Execu- 
tive Council 224,580  99 


Total ..$828,223  59 

*A  large  brick  biiilding,  used  for  Commissary's  store-touse. 


FOURTH  SESSION.  649 


REPORT  OF   THE  CHIEF  OF  THE  DEPARTMENT  OF 
JUSTICE  AND  POLICE. 


PART  I.— ON  THE  POWERS  OF  THE  CONVENTION. 

To  his  Excellency,  GoVEaNOR  P1C15.ENS, 

Presiding  over  the  Executive  Council  of  South  Carolina  : 

Sir  :  In  compliance  with  your  requirement,  that  I  should  report  to 
the  Governor  and  Council  the  proceedings  of  the  Department  of  Jus- 
tice and  Police,  I  respectfully  report  that,  though  the  acts  of  my 
Department  proper,  as  well  as  the  matters  which  have  from  time  to 
time  been  assigned  to  me,  have  in  almost  every  instance,  been  the  sub- 
ject of  previous  consultation  in  the  Council,  and  therefore  I  have  but 
little  of  information  to  communicate,  I' acknowledge  the  propriety  of 
the  call.  It  is  right  that  these  proceedings  should  be  formally  spread 
upon  the  record. 

The  "Rules''  established  for  my  Department,  adopted  on  the 
17th  January,  prescribed  it  as  my  first  duty  *'  to  construe  the  Ordi- 
nances of  the  several  sessions  of  the  Convention,  and  all  Acts  of  the 
General  Assembly,  in  relation  to  the  duties  and  powers  of  the  Execu- 
tive Authority  of  the  State.""  This,  of  course,  makee  me  peculiarly 
responsible  for  the  cow?;ir/r?7r^  of  "the  Governor  and  Council,  acting 
together,"  under  the  Ordinance  of  the  Convention,  to  perform  such 
acts  as  have  been  undertaken  j  for  I  have  in  no  case  entered  a  formal 
protest  against  any  proceeding. 

It  is  proper,  then,  that  I  should  preface  my  report  with  some  expo- 
sition of  the  principles  on^which  I  have  construed  the  powers  conferred 
.upon  the  Executive   Authority,  to  bo   exercised  by   the  Governor  and 
^YiXCcaUvc  CouncW,  "  acting  conjointly." 

First,  then,  as  to 

THE    POWERS    OF   THE   CONVEMION. 

Did  this  CONVENTION    have  power,  for  certain  jiurpcecs,   and 

82 


650  .  APPENDIX  TO  THP] 

during  certnin  exigencies,  to  create  a  new  form  of  Executive  Author- 
ity for  the  State,  and  to  confer  on  such  Authority  neiv  poiceis,  not 
hitherto  vested  in  that  Department  i*  I  answer  to  this,  unquestionably, 
yes. 

In  the  States  Rights  School  of  1832  and  '34  it  was  (with  but  one 
prominent  exception)  the  received  opinion  that  a  Convention',  called 
in  South  Carolina,  under  the  provisions  of  the  Constitution,  was,  for 
every  political  and  legal  purpose,  the  People.  It  was  considered  as  a 
means,  provided  by  the  Constitution  itself,  for  invoking  the  nctithi  of 
the  ultimate  Sovereionty  of  the  State.  This  Sovereignty,  admit- 
ted to  be  in  the  People  in  their  "  a(j<jrcfjate  and  jyol it !c  capacity,"  can 
only  be  cxerci.sed,  practically,  through  a  Convention,  and  a  Convention 
became  thus  to'  be,  theoretically,  considered  as  the  People  themselves. 
Hence  the  form  of  ordaining  their  decrees  adopted  by  th«  Conventions 
of  1832,  of  1852  and  18G0,  to  wit :  "  WE,  the  PEOPLE  of  South 
Carolina,  in  Convention  assembled,  do  ordain  and  declare." 

I  am  aware  that  in  1834,  in  the  celebrated  legal  argument  on  the 
Oath  of  Allegiance,  although  the  advocates  of  the  States  Rights  School 
all  maintained  this  doctrine,  yet  Judge  Harper  gave  the.  weight  of 
his  high  authority  to  a  view  somewhat  different.  He  maintained  that 
^  Convention,  though  sovereign,  absolute  and  illimitable,  for  every  pur- 
pose tcithin  the  range  of  phjects  for  which  they  were  assembled,  was, 
beyond  these  purposes,  neither  the  people,  nor  did*it  represent  the 
people.  A  great  majority  of  States  Rights  men,  held,  however,  the 
opinion  expressed  in  one  of  the  reports  of  the  day,  which  I  myself 
had  the  honor  to  submit,  an  extract  from  which  I  will  now  insert 
(at  an  interval  of  twenty-eight  years),  as  contiiining  my  present  ojiinion. 

'•  When  this  profound  jurist  (Judge  JIarper)  says  that  a  Convevtion 
is  limited  by  the  purpose^  for  which  it  was  called,  we  admit  that  mor- 
allij,  it  is  so  limited,  and  that  a  delegate  who  but  proposes  a  measure 
for  a  purpose  not  contemplated  by  the  ponple  when  he  was  elected,  is 
guilty  of  moral  treason.  But  when  Judge  Harper  assumes  that  the 
Judiciary,  or  any  other  constituted  authority,  has  a  right  to  inquire 
whether  a  measure  adopted  in  Convention  ^as  or  was  not  adopted  iii 
conformity  with  the  intentions  of  the  people,  he  ascribes  to  the 
Judiciary  a  right  which  wc  cannot  admit  that  they  possess.  Is  it  not* 
obvious  that  this  gives  the  judges  a  practical  control  over  a  Convention 
of  the  people?  As  in  the  case  before  us"  (the  Oath  of  Allegiance) 
'■  two  judges  decide  that  the  people  did  vot  intend  what  the  Conven- 
tion believed,  the  Legislature   believed,  and  what  a  great   majority  of 


FOURTH  SESSION".  651 

the  people  themselves  still  believe,  they  did  intend — and  the  will  o£ 
the  people  is  set  at  naught,  and  an  Act  of  the  Convention  effectually 
nullified." 

Judge  Harper  happily  defines  Sovereignty  to  be  ''  that  ^ower  which 
"controlling  all  other  constituted  authorities,  is  itself  not  subject  to 
"  the  control  of  any."  He  considers  Sovereignty  "  as  abiding  in  the 
"  people  of  South  Carolina." 

He  says,  again,  that  this  "  i§  not  that  imaginary  Sovereignty  of  the 
"  people  which  has  been  supposed  to  exist  even  in  a  despotic  mon- 
"archy."  •  _  •       , 

"'The  Constitution/  continues  he,  'has  provided  in  what  manner 
"the  people  shall  be  appealed  to,  viz:  in  a  ConvenbioD  caHed  -by  two-  ' 
"  thirds  of  both  branches  of  the  Legislature.'  Again,  the>/  (the  People 
"in  Convention)  'may  abrogate  any  Act  of  the  Govcrniuent,  and  all. 
'' constitufed  aulhorities  arc  bound  to  respect  and  obej/  their  deterniina- 
"tion."  'They'  (the  People  in  Convention)  'are  responsible  to  opinion, 
"they  are  bound  by  good /aith,  they  may  be  resisted  by  forc^  or  sub- 
"  dued  by  superidV  power,  but  their  acts  are  not  subject  to  the  legal 
"control  of  any  constituted  authority.'"  Tliis  we  conceive  to  be 
sound  llcpublicau  doctrine.  B«t  hoy  the  learned  judge  can  reconcile 
with  this  the  right  whioh  he  ascribes  to  .the  Judiciary,  to  decfde 
whether  a  power  exercised  by  this  Convention  has  or  has  not  been 
delegated  by  the  people,  we  cannot  perceive.  We  defy  any  one  to 
point  out  a  tittle  of  distinction,  practical  or  in  principle,  between  the 
control  whicli  Judge  Harper  would  thus  give  to  the  Judiciary  over  a 
Ooiiven/ ion,  aud  that  which  it  is  admitted  they  have  over  the  ordinary 
LeQidature.  They  have  no  riglit,  in  regard  to  the  Legislature,  to  do 
more  than  decide  wiiether  or  not  that  body  keeps  within  the  pale  of  its 
authority — whether  a  power  exercised  by  them  has  or  has  not  been 
delegated  to  them  by  the  people — and  it  is  this,  precisely,  which  Judge 
Harper  claims  for  them  in  regard  to  a  Convention.  The  people  appear 
in  tlieir  sovereign  capacity,  onli/  as  assembled  in  Convention — when  so 
assembled,  they  are  sovereijn  for  EVERY  PURPOSE,  or,  practically,  they 
can  be  so  for  none.  Grant  to  the  Judiciary  the  right  to  question  their 
acts,  and  you  give  them  the  power  to  limit  and  control.  In  construc- 
tion o/iaic,  a. Convention  Is  the  People,  and  its  every  act,  as  far  as 
the  judges  have  any  concern  with  it,  the  Act  of  the  People." 

"To  subject  the  acknowledged  will  of  a  Convcntioa  to  the  control  of 
any  other  authority,  is  to  deprive  the  people  altogether  of  the  means  of 


652  .  APPENDIX  TO  THE 

expressing  a  Sovereign  purpose,  that  is,  a  purpose  which   cannot,  by 
any  form  of  law,  be  disputed." 

The  report  proceeds  further,  as  follows:    .» 

"  Sovereignty  can  correctly  be  predicated  only  of  that  power  in  tho 
State  which,  possessinj^  an  ultimate  control  over  all  other  constituted 
authorities,  is  itself  subject  to  the  control  of  none. 

"Allegiance  is  due  only  to  the  Sovereign  power,  and  is  that  para- 
mount political  obligation  which  binds  the  individual  in  a  State  to 
acknowledge  and  preserve  unimpaired  its  Sovereignty. 

"It  is  clearly  di!?tingi5ishable  from  the  duty  o^  obedience  to  delegated 
authority.  It  is,  indeed,  the  source  from  which  emanates  the  obligation 
of  obedienCTPWi^*  other  constituted  authority  than  the  Sovereign. 

"Sovereignty  delegates-  a  portion  of  its  power;  Allegiance  renders 
obedience  to  that  power  a  duty. 

"Sovereignty,  from  its  defiuitton,  is  necessarily  single  and  indivisible, 
and  Allegiance  must  be  equally  so. 

"In^outh  Carolina,  entire,  unimpaired  Sovereignty  bides  in  the 
PEOPLE  of  the  State,  and  a  citizen  of  South  Carolina  owes  entire  and 
unimpaired  Allegiance  to  the  people  of  South  Carolina,  so  long,  as  be 
continues  a  citizen  thereof.  Th^,  an9  they  alone,  have  imposed  upon 
him  the  duty  of  obedience  to  the  Constitution  of  the  United  States. 
They  can  releasd  him  from  the  duty.  Tliey  can  transfer  the  duty.  It 
exists  by  their  fiat,  and  they  alone  are  its  fit  interpreters." 

"Thus  far,"  says  the  report,  "we  speak  the  recorded  opinions-of 
South  Carolina  herself.  Is  the  principle  less  fixed  that  a  Convention 
of  the  People  is  not  suLJcct  to  tJue  Icgdl  control  of  any  constituted 
authorili/^" 

Such,  it  was  understood^  were,  in  .that  day,  the  doctfines  of  Calhoun 
and  McDuffie,  of  Ilayne,  Turnbull  and  Hamilton,  of  Colcock,  Larle, 
Butler,  Elmore,  Player;  of  all,  indeed,  of  the  States  llights  School.  I 
mention  the  dead  only,  the  living^nay  speak  for  themselves.  Indeed, " 
State  Kights,  State  Kemedies,  Stato  Sovereignty,  Allegiance  to  the 
State,  would  all  be  "unmeaning  phrasQS  but  for  .the  acknowledged 
supremacy  of  a  Convention  of  the  reoj)le.  It  is  the  cogier-sfone  of  the 
edifice. 

But  whether  the  view  contained  in  the  ^'Report"  or  that  of  Judge 
Harper  be  true,  is  immaterial  in  the  present  inquiry,  A  Convention, 
according  to  both  theories,  is  SOVEREIGN,  and,  therefore,  above  all: 
cons(itu(ed  authorities,  M'HEN  ACTING, WITHIN  the  sphere  indicated 
BY  THE  Legislature  in  the  Act  which  assembles  them. 


FOURTH  SESSION.  653 

What  then  were  the  purposes  for  which  the  Convention  was  called 
together  by  the  Legislature,  to  assemble  on  the  17th  day  of  De- 
cember, 1860?  And  does  the'creation  of  the  Executive  Council 
come  within  the  scope  of  those  purposes  ? 

First,  what  were  the  circumstances  of  the  call  ?  The  telegraph  had 
announced  the  election  of  Lincoln,  and  the  Legis-lature  determined  at 
once  to  invoke  the  highest  power  known  tq  our  institutions — a  Conven- 
tion of  the  People  of  the  State.  Not  as  a  subordinate  ministerial  agent, 
to  enroll  the  decrees  of  the  Legislature,  but  "for  the  purpose  of  takinn 
into  consideration  the  dangers  incident  to  the  j^osition  of  the  State  in*  the 
Federal  Union  estahlkhed  by  the  Constitution  of  the  United  States,  and 
the  measures  which  may  he  necessary  and  proper  for  providing  against 
the'sqme,  and  thereupon  to  take  care  that  the  Commonwealth  of  Sojifh 
Carolina  shall  suffer  no  detriment."  A  disruption  of  the  ties  which 
had  hitherto  bound  us  to  our  sister  States  was  one  thing  contemplated. 
But  the  ultimate  decision  was  left  to  tl;ie  Convention,  as  the  Sovereio-n 
Authority.  It  was,  then,  within  the  purposes  of  this  Convention  to 
abrogate  the  Constlixdion  of  the  United  States.  .South  Carolina,  for  a 
'  time,  at  least,  might  stand  alone,  and  it  must  have  been  within  the  pur- 
poses of  the  Convention  to  modify  the  State  Constttution.  A  new 
alliance  was  contemplated  with  other  States,  and  it  was  within  the  pur- 
poses of  the  Conyention  to  ratify  a  Provisional  and  Permanent  Consti- 
tution of  the  neia  Confederacy. 

These  high  powers  have  boj  been  questioned,  yet  they  are  but  infer- 
ences from  the  general  powers.  A  WAR  was  certainly  within  the  cod- 
teniplation  of  some.  Although  secession  was  claimed  as  a  ri-^lit  not 
conflicting  with  any  obligation  under  the  Constitution  of  the  United 
•  States,  and,  therefore,  not  revolutionary,  it  was  apprehen<led  that  our 
claim  to  self-government  might,  like  that  of  our  forefathers  of  :  770 
have  to  be  vindicated  by  the  sword,  and  that,  practically,  provision 
must  be  madeybr  the  conduct  of  a  Revolution  of  blood.  The  Leg- 
islature declare,  accordingly,  that  the  Convention  shall  consider  our 
"DANGERS" — all  the  "dangers"  growing  out  of  our  position,  in- 
cluding, I  presume,  the  dangers  of  the  WiVR,  which  might  be  the  con- 
sequence of  .secession,  and  "  the  mea.<ure.<f  uecessaryi  and  proper  for 
providing  against  the  same."  Have  the  apprehended  "dangers" 
ceased?  Are  there  no  further  "  measures  necessary  and  proper  for  pro- 
viding against  the  same"?  The  Ordinance  of  the  Convention  for 
"  strengthening  the  Executive  Department  during  the  exigencies  of 
Jbe  present  War,"  was  manifestly  intended  as  a  "  measure"  for  this  ■ 


654  APPENDIX  TO  THE 

VERY  PURPOSE.  But,  as  if  to  niako  assurance  doubly  sure,  the  Legis- 
lature declare,  further,  that  the  Convention  shall  "XHEREUrON  take 
care  that  (he  CummonweaUh  of  South  Carolina  shall  f^nffer  no  de.tr !• 
ment. 

Now,  comcedinfr  that  the  ter:ns  of  the  call  of  the  Convention  consti- 
tute tljc  only  ."  limitation  "  on  the  powers  of  a  CONVENXrON,  as  held 
by  Jud;j;e  Harper,  can  hun^n  language  be  contrived  sujrcestins;  broader 
and  more  absolute  powers  than  the  above  ?  And,  "  thereupon  to  takr. 
care  that  the  Conwionicealth  of  South  Carolina  shall snjf'ir  uoilctrimcnt  " 
Is  this  the  language  of  LIMITATIajN  of  power?  It  is  applied  to  a 
body  representing  the  SoVEiiElGNTYof  the  State— a  body  in  all  respects 
similar  to  that  which  gave  being  to  our  State  Constitution — a  body  by 
whose  Bat  onr  Legislature,  our  Governor,  and  our  Judiciary,  have  their 
existence.  Is  it  not  in  effect  a  declaration,  in  terfns,  that  the  Conven- 
tion to  be  called  should  have  NO  limitation  on  its  powers? 
'  It  has  beeu  said  that  the  "dangers"  apprehended  were  <« //tc  6nJo/i, 
and  the  measures  were  only  such  as  should  provide  against  these.  This 
is  special  pleading.  'J'ho  "dangers"  were  such  as  were  incident  to 
the  "position  of  the  State,"  then,  of  course,  "  in  the  Union,"  but* 
which  the  Convention  was  specially  intended  to  take  out  of  the  Union, 
and  the  "measures"  were  meant  to  provide  against  the  "dangers" 
which  might  grow  out  of  that  position.  Surely,  the 'dangers  which 
ensued  have  not  yet  ceased. 

It  is' contended  that  secession  was  the.  measure  adopted,  and  that  this 
relieved  us  from  all  dangers  "  in  the  Union."  ,  -     . 

But  the  Conventioii  is  enjoined  "  thereup  tn  "  (that  is,  after  secession) 
"to  take  care  tnat  the  Commonwealth  of  South  Carolina  shall  suffer  no 
detriment."  Detriment  from  what?  I  answer,  the  "measures" ■ 
taken;  which  were,  Secession  and  the  formation  of  the  Southern  Con- 
federacy. "Thereupon"  war  was  made,  and  tear  stil  continues 
Does  war  work  no  "detriment?"  If  it  docs,  then  it  is  the  duty  of 
the  Convention  to  shield,  as  far  as  may  be,  the  Commonwealth  of  South 
Carolina  from  such  detriment. 

The  question  as  to  the  extent  of  the  powers  of  the  Convention  of 
1832  had  been  the  subject  of  controversy.  Dr.  Cooper,  in  his  compila- 
tion of  the  Statutes,  had' pronounced  it  still  "an  open  question,"  as  to 
that  Convention  ;  and  the  Legislature,  sis  if  to  provide  against  any 
possibility  of  cavil  on  this  occusiun,  so  solemn  and  momentous,  chose, 
in  declaring  the  purposes  of  the  jiresent  Conventiouj  to  translate  the 
Latin  phrase  by  which  the  Senate  of  Rome  uad  for  Centuries 


FOURTH  SESSION.  \  655 

coNVEYBD  DICTATORIAL  POWER  on  her  Consuls,  "Darent 

CPERAM    CONSULES,  NE  quid  RESPUBLICA  DETRIMENTI  CAPERET,"  Was 

the  language  of  the  famous  decree  which  conferred  on  Cicero  and  his 
compeer,  for  the  suppression  of  Catalinc's  conspiracy,  the  power'kuown 
as  "  Ullimum"  or  ^'Exlremwi."  A.  power  which,  Sallust  tells  us 
''often"  "it  had  be«i  the  custom"  to  confer,  "in  atroot  nehotio," 
"  in  a  danffcroiis  eineryenci/,"  as  the  trixnalalor  has  it.  The  translator 
says,  "  by  it "  (this  decree)  '.'  the  Republic  was  said  to  be  entrusted 
t6  THE  Consuls." 

The  phrase,  originally  selected  for  its  aptness  in  conveying'  absolute 
and  illimitable  power,  had  become  fixed  in  its  interpretation,  by  its  long 
use -by  the  greatest  nation  of  antiquity;  and  in  this  laugiuige,  with  its 
constrxtrtion  THUS  established  throughout  the  civilized  world,  the  LEG- 
ISLATURE thought  proper  to  express  the  extent  of  the pnrjwses  to  which 
the  Convention  tccre  invited  to  address  themselves.  . 

Unless  the  Legislature  said  one  thing,  while  they  meant  another, 
they, committed  to  this  august  body,  during  the  exigencies  of  the  time, 
the  fortunes  of  the  Republic;  with  power  to  act  directly  or  through 
agencies — with  the  power  to  .make  and  unhiake  Constitutions, -provisional 
or  permanent ;  and  to  create  governments,  general  or  partial — tempo- 
rary, or  until  a  new  Convention  shall  order  otherwise.  In  addition  to 
the  force  of  the  language  used,  the /ac^  that  the  Act,  as  first  introduced, 
should  huve  fixed  two  years  as  the  period,  of  duration  for  the  Conven- 
tion, indicates  that  something  more  than  the  Act  of  Secession  and  the 
adoption  of  Constitutions  was  intended.  No  one  proposed  a  shorter  dura- 
tion than  two  years  ;  and  this  time,  it  was  thought,  might  not  give  all 
the  latitude  which  was  requisite,  and  it  tvas  stricken  out. 

Surely,  "^  wo  years'^  was  a  longer  period  than  would  have  been  sug- 
gested if  the  only  business  contemplated  had  been  tlue  Act  of  Secession 
and  the  adoption  of  a  new  Constitution.  In  my  judgment,  the  dura- 
tion was  intended  to  be  commensurate  with  the  neccssities'ff  the  occa- 
sion which  called  theia  together,  whatever  that  period  might  be.  Our 
independence  achieved  and  acknowledged^  and  p>('^(^^  restored,  the  Con- 
vention will  then,  but  not  until  then,  he  functus  officio.  To  protract  its 
existence  beyond  this  period,  would  be  that  breach  of  "good  faith" 
which  would  ju.'^tify  that  resort  to  "force,"  which  is  the  only  remedy 
for  usurpation  in  the  Sovereign.  On  the  other  hand,  the  Convention, 
in  my  opinion,  would  be  derelict  to  their  duty  if  they  abandon  the 
helm  until  the  ship  is  safely  in  port. 


656  APPENDIX  TO  THE 

Such  was  the  call  under  which  the  voters  of  the  State  elepted  the 
members  of  the  Convention. 

However  the  fact  iqay  since  have  passed  from  the  memories  of  some, 
the  people,  at  that  time,  realized  that  the  body  about  to  be  assembled 
would  bo  charged  with  duties  more  grave,  critical  and  responsible  than 
any  which  had  ever  hitherto  devolved  upou  any  oonstituted  authority 
in  this  State.  The  circumstances  under  which  the  Convention  was 
assembled — the  terms  of  the  Act  under  which  the  call  was  made — the 
received  opinions  of  the  majority  of  the  people  of  the  State  as  to  the 
extent  of  the  powers  inherent  in  such  a  body,  were  sufficient  to 'apprize 
the  most  dull  that  suffrage  was  being  exercised  on  the  most  important 
occasion  of  their  lives. 

Accordingly,  the  people  called  forth  their  wisest  and  best  men. 
There  was  no  constitutional  disqualification  for  a  seat  in  the  Convention — 
no  abridgment  of  the  people's  unbiassed  choice.  Judges,  Chancel- 
lors, public  officers  of  all  Jcinds,  clergymen,  all  were  eligible.  The 
result  was  that  the  Convention,  in  the  aggregate,  has  never  been  sur- 
passed, in  this  or  any  other  country,  for  intelligence,  patriotism  and 
moral  worth,     ' 

Most  of  the  members  were  cither  men  drawn  from  voluntary  retire- 
ment, or  tho°e  whose  career  and  position  in  life  were  so  far  determined 
that  the  ordinary  temptations  of  ambition  were  absent.  A  less  self- 
seeking  and  more  earnest  body  of  citizens  never  assembled. 

Such  was  the  Convention,  in  theory  and  in  fact,  which  passed  the 
Ordinance  under  consideration. 

There* are  two  other  errors  in  regard  to  limitations  on  Conventions, 
which  needvnotice,  though  they  would  seem  to  destroy  each  other.  It 
is  contended  by  .some  that  a  Convention  can  neither  legislate  or  perform 
any  administrative  act;  and  to  sustain  this  view  it  is  claimed  that  it 
has  been  the  practice  of  Conventions  to  abstain  from  both.*  This  is  one 
position.  Those  who  tiike  this  position  deny  that  the  Convention  can 
appropriate  money  or  draw  from  the  Treasury.  This  is  all  gratuitous 
assumption  in  point  of  principle,  and  erroneous  in  point  of  fact.  Was 
it  an  act  of  usurpation,  when  the  Convention,  at  its  first  session,  ordered 
three  regiments  to  be  raised — two  of  regulars,  by  enlistment,  and  one 
of  volunteers,  commanded  by  Col.  Gregg?  Still  more  palpable,  then, 
was  the  usurpation  when  they  appropriated-  three  hundred  thousand 
dollars  for  building  a  gunboat.  The  usurpation  of  the  Convention 
began,  according  to  this  theory,  as  soon  as  the  Act  of  Secession  was 
ratified,  has  continued  ever  since,  and   haa  not  been  confined  to  those 


FOURTH  SESSION.  657 

who  favored  the  creation  of  the  Executive  Council.  It  is,  in  general, 
on  grounds  of  expediency,  wise  that  Conventions  should  abstain  from 
all  ordinary  legislation,  or  exercise  of  ordinary  executive  power,  where 
the  Legislature  and  Governor  can  be  at  once  called  into- action.  But 
so  far  is  it  from  being  true  that  Conventions  have  on  principle  with- 
held from  all  action  of  this  kind,  that  I  venture  the  assertion  that  the 
Conventions  throughout  the  now  Confederate  States  a'll  more  or  less 
took,  for  a  time,  a  sliare  of  the  management  of  .lifairs  into  their  own 
hands. 

Certainly,  the  Convention  of  Alabama,  the  proceedings  of  whicli  I 
have  before  me,  passed,  immediately  after  an  Ordinance  of  Secession, 
one  "for  the  Military  Defence  of  the  State,"  another  to  "reorganize 
the  Militia,"  with  very  many  others  of  like  character.  The  power 
which  can  create  Governors  and  Legislatures  niay,  in  emergencies,  per- 
form the  functions  of  either. 

The  other  most  extraordinary  position,  in  direct  conflict  with  the 
last,  is  the  application  of  tlie  law  maxim  to  a  Convention — non  potent 
delegatus  ddegare — that  is,  that  ft  Convention,  exercising  itself  dele- 
gated authority,  cannot  delegate  to  others.  The  first  position  ns.suines 
that  all  government  mwit  be  exercised  throngli  delegated  authoriti/,  and 
the  second,  that  it  can  only  be  exercised  directly,  and  cannot  be  law- 
fully exercised  hy  delegated,  authority. 

The  ordinary  and  most  appropriate  sphere  in  which  a  Cocvention 
usually  acts,  except  in  "atroci  negotio" — dangerous  emergencies — is  in 
the  creation  of  governments,  limited  by  constitutions  prescribed  by  the 
Convention — that  is,  in  delegating  portions  of  their  own  powers;  but  a 
Convention  may,  in  its  discretion,  proceed  to  exercise  itself  any  power 
which  it  has  authority  to  delegate. 

Again:  the*  assumption  that  to  give  validity  to  any  action  of  a  Cun- 
vcntion  intended  to  xdter  or  susjnmd  any  part  of  the  Constitution  of  the 
State,  the  ordinance  must  express  that  a  repeal,  alteration  or  amend- 
Tnent  is  intended,  is  gratuitous,  and  without  reason.  Where,  I  wou'd 
ask,  is  any  such  principle  laid  down  ? 

Like  the  Legislature,  the  Convention  may  repeal  or  alter,  by 
implication.  The  last  act  of  either  body  is  that  to  be  looked  to  as  the 
exposition  of  its  will,  and  as  constituting  the  law,  and  everything  con- 
'flicting  is  necessarily  repealed,  suspended  or  modified  into  accordance 
with  the  will  last  expressed.  In  poist  of  fact,  it  was  well  understood 
by  the  Convention  that  this  Ordinance  was  a  siispcusio?i,  for  the  time 
being,  of  sotne  of  the  provisions  of  the  Constitution,  and  it  was  so  iu- 
83 


658  APPENDIX  TO  THE 

tended.     I  am   not  aware   that,  within  the  Convention,  thore  wag  any 
one  who  questioned  fhe  power  of  that  body  to  pass  the  Ordinance. 

I  hold,  tlien,  that  the  Convention  had  the  lyght,  during  the  exigen- 
.cies  of  the  war,  to  add  to  tlie  powers  of  the  Executive  by  giving  con- 
trol of  some  matters  which,  under  the  Constitution,  are  comnuttcd  to 
the  Legislature,  and  to  make  the  Executive,  fOr'some  purposes,  consist 
of  five  persons  instead  of  one.  In  other  words  1  hold  that  the  Ordi- 
nance creating  the  Council  emanates  from  an  authority  as  high  and 
competent  as  that  creating  the  Constitution,  and  that  being  the 
LATEST  exjiression  of  the  will  of  this  Sovereign  Boilt/,  it  is,  during 
its  existence,  jiaramount  to  the  Constitution. 

If  this  be  so,  we  jwe  to  look  to  the  Ordinance  alone  as  the  charter  of 
our  rights  and  powers. 

The  views  upon   the  construction   of  the  Ordinance   I  will  submit 
to-uiorrow,  as  part  second  of  ray  report. 

Respectfully,  your  obedient  servant, 

L  W.  HAYNE. 


FOURTH  SESSION.  659 


PART  II.— ON    THE    ?0\yERS  OF   THE  GOVERNOR  'AND 
EXECUTIVE  COUNCIL. 

To  his  Excellency  GovEKNOR  PiCKENS, 

Presiding  over,  the  Execudce  Council  of  South.  Carolina  : 

I  propose  DOW  to  proceed  to  consider  ,  ^ 

THE    POWERS   OF    THE    qOVERNOR   AND    EJ:ECUTIVE    COUNCIL,    ACTING 
TOGETHER    UKDER   THE   ORDINANCE   OF    THE    CONVENTION. 

First,  take  the  title:  It  is  an  Ordinance  ^^ iov  strengthening  i\\Q  Ex- 
ecutive Department  during  the  exigencies  of  the  present  war. 

The  powers  of  the  Executive  are  increased,  which  could  hardly  be 
without  taking  from  some  other  Department,  and  these  neu?  powers 
have  reference-  tj»  the  exigencies  of  the  tear. 

The  powers  conferred  on  the  Governor  and  Executive  Council,  "act- 
ing together,"  are,  first,  to  declare  mctrtial  law,  when,  and  where,  and 
with  such  limitation,  as  the  Governor  and  Council  might  think  the 
exigency  of  public  affairs  required.  This  power,  like  Aaron's  rod, 
might  have  been  made  to  swallow  all  the  rest.  3Iartial  law  is  dospoli.sni. 
It  substitutes  the  will  of  the  ruler  for  all  other  law,  to  the  extent  that 
martial  law  is  declared.  Martial  law  declared  over  the  whole  State, 
and  its  extent  (thatis,  the  subjects  over  which  it  should  take  control) 
defined,  every  power  afterwards  specified  in  the  Ordinance  might  have' 
been  exercised.  This  great  first  power  having  been  clearly  conferred, 
has  been  to  me  a  guide  in  determining  the  general  intention  of  the 
Convention,  and  thereby  construing  all*  that  follows.  There  is  a  power 
to  arrest  and  detain  disloyal  and  disaffected  persons,  whose  beincf  at 
large  is  deemed  dangerous  to  the  public  safety;  and  to  order  and  eufocce 
such  disposition  and  appropriatioi;  of  private  property  for  public  uses  as 
the  public  good  requires.  There  is  the  power  to  77ia/ce  and  cause  to  be 
executed  all  orders,  regulations  and  arrangements,  as  they  shaW  from  time 
to  time  find  expedient,  in  regard  to  the  military,  and  for  maintaining 
such  cfBciont  police  as  shall  by  them  be  thought  necessary.  The  power 
to  appoint  agents,  to  draw  money  from  the  treasury ,'to  make  nominations 
and  appointments  to  military  oflBce,  such  as  the  Gcvernor  had  hitherto 


660  APPENDIX  TO  THE  • 

done ;  to  fill  accidental  vacancies  in  civil  appointments  until  the  Legis- 
lature meets — these  powers,  except  filling  accidental  vacancies  in  gffice, 
all  relate  to  the  ^^  cxifjencira  of  the  present  war  ;"  and  except  the  ap- 
poiutuieuts  to  military  offices,  are  neir  powers,  not  before  possessed  by 
the  Executive;  and,  in  express  terms,  are  ft)  END  toith  the  close  of  the 
war,  and  disband  in  en  t  of  our  troops.  (See  Appendix,  A.)  During  the 
war,  and  for  purposes  connected  with  its  prosecution,  they  are  very 
large. 

Among  the  first  measures  in  assertion  of  the  extraordinary  powers 
conferred,  was  the  proposition  contemplatiug  the  seizure  <f  silver  plate 
fur  the  use  of  the  State,  introduced  by  your  Excellency.  The  power, 
it  appeared  to  me,  to  act  on  this  subject  was  clearly  delegated  under 
the  right  ''to  order  and  enfifrce  (subject  to  the  owner's  right  to  receive 
due  compensation  from  the  Statej  such  disposition  of  private  property, 
or  appropriation  thereof  for  public  uses  as  the  public  good  shall  appear 
to  them  to  require."  The  Council  never  felt  committed  on  the  policy 
of  acting  finally  on  the  matter,  but  voted  merely  for  measures  to  ascer- 
tain the  amount,  reserving  the  right  to  act  according  to  circumstances 
hereafter. 

The  resolution,  introduced  likewise  by  your  Excellency,  for  forcing 
forward  the  manufacture  of  salt,  was  authorized  under  the  power  to 
make  "  regulations  and  arrangements  "  for  the  support  of  sucb  portion 
of  the  population  as  might  be  called  into  service.  Salt  was  an  article 
of  prime  necessity,  and  there  was  danger  that  it  could  not  be  procured 
at  all  when  wanted,  unless  something  was  done,  as  your  resolution 
expressed  it,  "to  force  forward  "  the  manufacture.  Under  the  same 
power,  I  have  supposed  that  the  Governor  and  Council  were  authorized 
to  purchase,  and  distribute  at  cost,  among  the  families  of  troops  in 
service,  cotton  cards,  and  to  soil  at  cost  such  surplus  salt  as  might  be 
found  in  the  Commissary  department. 

Your  Excellency  introduced,»on  the  same  day,  various  resolutions, 
these  two  being  a  part  of  the  series.  The  remainder  of  the  series  were 
referred,  and  some  of  them,  in  a  modified  form,  were  afterwards  adopted. 
None  of  them  were  objected  to  as  beiny  heyoiid  the  competency  of  the 
Governor  and  Council,  though  they  propose,  I  think,  the  largest  powers 
which  we  have  ever  been  called  on  to  exercise. 

I  insert  a  copy  of  the  resolutions,  although  not  adopted,  as  illustrat- 
ing the  views  entertained  as  to  the  extent  of  our  authority. 

"Resolved,  That  the  one-half  of  every  beat  company  in  the  State,  to 


FOURTH  SESSION.  661 

be  determined  by  lot  in  each  company,  be  ordered  immediately  to  Camp 
Lightwood  Knot,  near  Columbia,  and  there  to  be  organized  into  compa- 
nies, battalions  nnd  regiments.  AH  officers  to  be  appointed  by  this 
Council.  • 

'^Resolved,  That  one  thousand  tents  be  ordered  for  this  encampment 
of  a  reserved  State  force,  and  that  to  aid  in  carrying  out  this  organiza- 
tion, the  Chief  of  the  War  Department  be  authorized,  in  conjunction 
Avith  the  Adjutant  iJeneral',  to  order  into  immedialo  service  all  the 
extra  aids  recently  appointed  in  eVery  District,  to  rcoi\.ianize  and  take  a 
census  of  the  militia  of  the  State. 

^^  Jicwiral,  That  the  Chief  of  the  War  Department  be  authorized  to 
appoint  immediately  two  competent  persons  to  take  charge  of  the 'two 
powder  mills  in  the  upper  part  of  this  State,  and  to  take  for  the  State 
all  powder  they  may  have  on  hand,  together  with  all  material,  at 
proper  valuation,  and  that  any  additional  force  be  employed  to  put  both 
mills  in /nil  operation  fertile  State;  and  that  ixW  material  suited  for 
making  powder  that  can  be  procured,  be  immediately  ubtaiued,  in  such 
manner  as  the  Chief  of  the  Military  Department  may  direct. 

^^  Resolved,  That  two  competent  persons  be  immediately  appointed  to 
control  the  Iron  Works  in^York  and  Spartanburg,  if  necessary,  and  to 
use  all  their  resources,  with  any  ^additional  labor  ret^uired,  to  cast  fifty 
cannon,  twenty  of  which  shall  be  twelve  and  six-pounders,  suited  for 
field  service;  ten  twcnty-four-pounders,  ten  thirty-two-pounders,  and 
ten  forty-two-pounders,  and  to  have  them  mounted  and  ready  for  ser- 
vice as  soon  as  possible. 

^'  Resolved y  That  all  gunsmiths  and  artizans  in  brass  and  iron  be  col- 
lected, and  employed  in  such  foundries  and  workshops  as  may  be 
designated,  for  making  and  repairing  all  small  arms  that  can  be  made; 
and  to  execute  the  above  resolutions,  the  Chief  of  the  War  Department, 
in  consultation  with  the  Adjutant  Greneral,  is  authorized  to  employ  and 
use  such  agents  as  he  may  think  proper. 

*'  Resolved,  That  one-half  of  all  the  cattle  belonging  to  every  person 
in  the  State  shall  be  imme'diately  taken,  at  a  fair  valuation,  for  the 
State,  and  receipts  fur  the  same  be  given,  obligating  the  State  for  the 
amount,  to  draw  six  per  cent,  interest  sixty  days  after  date,  and  that 
such  as  ;ij-c  not  fit  or  needed  now  to  be  killed,  the  owner  of  the  same 
shall  keep  and  fatten  up,  for  proper  compensation,  until  needed. 

*'  Resolved,  Tliat  one-half  of  all  the  fluur  now  in  tbe  State,  and  one- 
half  of  all  the  wheat,  be  immediately  taken,  on  proper  .valuation,  for 
the  State,  and  receipts  for  the  same  given,  aa  in  the  above  resolution. 


662  APPENDIX  TO  THE 

and  that  the  Chief  of  Justice  and  Police  be  authorized  to  carry  out 
these  resolutions,  in  such  manner  as  he  may  think  best  for  the  State. 

"  Jiesolved,  That  all  the  troops  now  in  the  State,  in  actual  Con- 
federate service,  for  twelve  months,  be  iuTuiediately  called  on  to  re^nlLst 
for  the  war,  but  not  to  be  moved  out  of  the  State  except  by  orders  from 
this  Council — this  condition  to  be  of  force  at  the  end  of  theii*  present 
term  of  enlistment,  and  that  the  Chief  of  the  Military,  in  conjunction 
with  the  Adjutant  General,  be  authorized  to  carry  this  out,  in  such 
manner  as  he  may  think  besl  for  the  Slate. 

"  Resolced,  That  our  Senators  and  lleprcsentatives  in  Congress  be 
requef^tcd  to  urge  immediately  the  adoption  of  measures  necessary  .to 
establish  a  great  Reserve  Can)p  at  or  near  Atlanta,  Georgia,  of  at  least 
one  hundred  thousand  men,  each  State  to  furnish^its  proper  quota,  and 
all  officers  to  be  appointed  by  the  President,  with  the  consent  of  the 
Senate." 

These  resolutions  contained  the  first  proposition  to  bring  a  portion  of 
the  population  of  the  State  into  service  hy  comjndsum,  and  for  assuming 
on  our  part  the  aj)po[ntnunt  of  officers,  both  Field  and  Comjiany. 

■  The  right  to  do  this  I  ncyver  doubted,  under  the  power  "to  make,and 
cause  to  be  executed  all  such  orders,  regulations  and  arrangements 'as 
they  (the  Governor  and  Council)  shall  from  time  to  time  find  expedient 
for  bringing  into  service,  organizing  and  supporting  the  whole  or  any 
part  of  the  population  of  the  State,  to  le  employed  in  the  public  ser- 
vice." This  grant  of  power,  I  think,  was  intended  to  cive  to  the- 
Council /«// CO// ^/-o?  Qver  the  organization  o^  any  forces  to  be  raised, 
liut  if  there  could  be  a  doubt  on  this  point,  there  is  another  Ordinance, 
passed  by  the  same  Convention,  styjcd  "An  Ordinance  in  relatiofi  to  a 
portion  of  the,  Militia,"  wliich  is  too  explicit  for  controversy.  It 
-declares,  in  section  ^rst :  "  IViat  no  part  of  the  Militia  law  shall  stand 
in  the  way  of  the  Governor  and  Council  to  organize  and  call  into  service 
any  portion  of  tha  Militia  of  the  State,  as  may  stem  jnost  expedient." 
From  the  same  source  I  derive  the  authority  of  the  Governor  and 
Council  to  make  all  the  orders,  regulations  and  arrangements  in  regard 
to  the  military,  which  were  afterwards  adopted,  whether  in  contraven- 
tion or' not  of  Acts  of  the  liCgislature. 

Next  in  .point  of  time  came  the  regulations  in  regard  to  the  distilla- 
tiou  and  sal<i,of  spirits. 

Your  Excellency  must  remember  the  representations  from  the  upper 
country  as  to  the  overwhelming  evil  which  was  to  follow  the   unpar- 


FOURTH  SESSION.  663 

alleled  investments  made,  and  about  to  be  made,  in  the  business  of  dia- 
tillation.  1  he  high  price  of  whiskey  had  induced  such  numbers  to  seek 
this  new  road  to  wealth,  that  a  faminr,,  it  was  thought,  threatened  the 
whole  State.  Money  has  been  called  the  "sinews  of  war,"  but  with  us 
hreaihtuffs  are  preciuinently  so.  I  thought  the  evil  came  within  tho 
scppe  of  our  powers.  By  declaring  martial  law  in  regard  to  this  par- 
ticular subject-matter,  it  could  certainly  have  been  reached.  But  being 
unwilling  to  startle  the  community  by  an  unnecessary  declaration  of 
martial  law  in  prohibitioti  of  distillation  from  grain,  I  recommended  the 
exercise  of  the  power,  as  an  incident  to  the  power  ''to  make  and  cause 
to  be  executed  all  such  orders,  regulations  and  arrangements,  as  they 
shall  from  time  to  time  find  expedient,,  for  bringing  into  service,  organ- 
izing and  supporting  the  whole,  or  any  portion  of  the  population  of  the 
State  to  be  employed  in  the  public  service,  and  also  for  maintaining 
such  efficient  police  as'  shall  by  them  be  thought  necessary."  Your 
Excellency,  with,  I  thibk,  every  member  of  the  body,  yielded  ready 
acquiescence,  and  I  was  instructed  to  draw  the  resolutions.  I  looked 
fo  the  end  proposed,  and  considered  that  the  accustomed  agencies  would 
best  efi"ect  the  object,  and  ofi"ere9  the  resolution. that  it  should  be  de- 
clared "a  misdemeanor"  to  distill  grain,  and  the  distillery  should  bo 
deemed  "a  nuisancCj"  subject  to  abatement.  This  "regulation"  and 
"arrangement"  was  thought  tl\e  most  expedient,  and  was  accordingly 
adopted,  and  made  an  "order,"  by,  I  thinlj,  a  unanimous  vote.  Our 
right  to  make  a  regulation  in  pi-ohibition  tf  distillation  is  too  clear  for 
controversy.  If  there  is  error,  it  can  only  be  in  the  manner  of  enforce- 
ment, which  is  less  prompt  and  summary  than  is  usual  in  Executive 
orders.  Thus  far,  however,  it  has  worked  well.  So,  again,  as  to  the, 
sale  of  spirits  under  circumstances  to  affect  our  troops.  The  evil  had 
become  so  great,  that  there  seemed  to  be  a  universal  outcry — murders, 
brawls,  fatal  accidents  among  our  troops,  particularly  while  passing  on 
the  railroads,  had  become  of  frequent  occurrence.  The  scenes  exhibited 
were  shocking  to  decency.  The  disposition  to  interfere  was  unanimous 
with  the  Council,  and  your  Excellency  warmly  approved.  I  believed 
we  had  the  power  in  this,  as  in  the  case  of  distillation,  and  proposed 
similar  resolutions  in  regard  to  sales  of  liquor  within  reach  of  our  troops 
on  the  line  of  railroads.  In  aid  of  these  efforts,  railroad  companies 
were  appealed  to,  to  refuse  the  transportation  of  spiri|p,  and  they 
promptly  responded.  Never,  in  my  experience,  has  the  making  of 
regulations  so  nearly  approached  to  the  attainment  of  the  objects  pro- 
f)Osed,  with  the  use  of  so  little  machinery  in  the  enforcement.     The 


664  APPENDIX  TO  THE 

cheerful,  prompt  and  efficient  cooperation   of  the  Eailroad  Directors, 
merit  our  thanks  and  the  approbation  of  the  community. 

TJuder  the  power  "  to  niake  and  rause  to  be  executed  REGULATIONS 
for  an  efficient  police,"  I  ventured  to  propose  some  amendments  to  a 
legislative  Act  which,  by  its  title  and ])>-oiisio}is,  was  pureJi/  a  POLIC^ 
REGULATION  for  the  invaded  districts.  As  to  military  regulations,  I 
have  shown  that  we  had  express  authority  to  ^'disregard"  legisla- 
tive enartmenta.  The  regulation  of  the  police  being  in  the  broadest 
terms  committed  to  us,  I  deemed  that  wc  liad  the  same  power  there. 
These  have  been  termed  **  legislative  acts."  Regulations  as  to  the 
i:)ilitary  and  police,  have,  for  the  time,  necessarily,  the  effect  of  laws. 
Many  orders  and  regulation.s  from  the  Treasury  Department,  or  the 
War  l)epartment,  from  the  Adjutant  General's  office,  are  very  like' 
legislation,  in  form  and  substance.  "  Orders,  regulations,  and  an-ange- 
ments,"  so  far  as  the  subject-matter  to  which  they  refer  is  concerned, 
must  infringe  upon,  or  rather  must  occupy,  a  common  ground  with 
"legislation"  on  the  same  subject.  If  the  Sovereign  has  delegated 
the  right  to  make  these  regulations,  the  authority  is  rightfully  exercised, 
call  them  by  what  name  you  will.  According  to  the  views  I  have 
presented,  it  rests  alone  with  the  Sovereii^fn  power — a  Convention  of 
the  People,  which  metes  out  the  powers  of  other  constituted  authori- 
ties— to  determine  what  shall  be  tlic  powers  of  the  Executive  De- 
partment, and  what  shall  be  the  powers  of  the  department  called  tlie 
Legislature.  These  matters,  all  of  which  met  with  thesanclion  of  your 
Excellency,  had,  as  I  conceive,  been  committed  to  the  Executive 
Department,  as  constituted  by  the  Convention. 
'  The  next  matter,  which  was,  as  you  know,  for  some  time  under  the 
anxious  consideration  of  the  Governor  and  Kxecutivo  Council,  was  the 
prohibition  of  the  exportation  of  cotton,  except  under  certain  restric- 
tions, unless  expressly  sanctioned  by  the  Confederate  authorities.  This 
measure,  perhaps  the  most  doubtful  adopted,  was  approved  by  your 
Excellency  and  the  whole  Council,  and  did  not  originate  with  me. 
My  reasons  for  approving  have  already  been  placed  on  the  record,  and 
a  copy  of  the  letter  stating  these  reasons,  by  order  of  the  Council  was 
sent  to  i^Ir.  Meniin'ingcr,  Secretary  of  the  Confederate  Treasury,  and 
published  in  the  papers.  I  append  a  copy  of  this  letter  to  this  report. 
(See  ApperiHix,  B.) 

The  establishment  of  a  foundry  for  cannon,  cannon  equipage,  balls 
and  shell,  and  for  the  repair  of  small  arms,  with  a  nucleus  for  a  small- 
arms  manufactory  in  future,  was,  in  express  terms,  within  our  powers. 


FOURTH  SESSION.  .  665 

So  as  to  the  nitre  plantation,  now  in  satisfactory  progress..    So  in  regard 
to  the  importation  of  arms  and  medicines. 

In  the  matter  of  the  gunboat,  the  Governor  and  Council  acted  under 
the  direct  authority  of  the  Convention,  by  whom  the  specific  appropria- 
tion was  made. 

The  surveys  of  the  Santee  and  Pee  Dee,  and  mountain  passes  in  this 
State,  and  North  Carolina,  and  Tennessee,  though  they  cost  a  small 
amount  of  money,  were,  as  I  conceive,  within  the  general  powers  com- 
mitted to  Us,  as  well  as  the  action  since  taken,  as  the  consequence  of 
those  surveys. 

The  two  acts  which  have  excited  most  dissatisfaction  are  the  call  for 
troops  for  the  protection  of  Greorgetown  and  the  country  above,  after 
the  abandonment  of  the  Confederate  forces,  and  the  action  of  "the  Gov- 
ernor and  Council  with  regard  to  a  supply  of  negro  labor  in  and  near 
Charleston  for  building  fortifications  and  harbor  obstructions.  Yet 
neither  of  these  acts,  surely,  needs  any  defence  on  tho  score  of  .compe- 
tcncif  on  the,  part  of.  the  Governor  and  Council.  The  first  was,  in 
effect,  to  bring  into  service  a  portion  of  the  population  of  the  State, 
to  be  employed  in  public  service,  as  we  believed,  of  the  most  important 
character.  Your  Excellency's  proposition  on  this  subject  was  as 
follows : 

April  12,  1862. 

^^ Resolved,  That  all  the  militia  of  Oeorgetown^  Marion,  Horry,  and 
Williamsburg,  be  inimediately  ordered  out  and  organized  into  compa- 
nies, battalions  and  regiments,  with  the  best  arms  and  equipments  tliat 
can  for  the  present  be  procured,  and  that  on6  thousand  tents  be  ordered 
for  them. 

^^  ReaoJved,  That  they  elect  their  own  company  officers,  and  that  this 
Council  appoint  field  officers  for  this  organization. 

^^ Resolved,  That  they  be  rendezvoused  near  Georgetown,  to  protect 
property,  and  to  endeavor  to  defend  the  country  to  the  best  of  their 
ability,  as  it  is  intimated  that  all  our  troops  in  Confederate  service  will 
be  ordered  from  that  section  of  the  State,  and  thus  open  -Georgetown  to 
the  enem}'. 

"Resolved,  That  the  Quartermaster  and  Commissary  Generals  be  im- 
mediately instructed  to  provide  proper  transportation  and  supplies  for 
said  troops. 

"Resolved,  That  orders  be  issued  by  the  Chief  of  the   Military  De- 
partment to  stop  any  further  supplies  being  furnished  to  the  Confeder- 
84 


666  APPENDIX  TO  THE 

ate  troops  from  the  State  Commissary  Department,  and   also  that  the 
Bame  orders  be  issued  to  the  State  Quartermaster  General. 

"  Resolved,  That  the  Chief  of  the  Military  Department  be  charged 
with  the  execution  of  the  foregoing  resolutions." 

The  second,  to  wit :  the  impressment  of  negroes,  was  a  disposition 
and  appropriation  (temporarily)  of  private  property  for  public  use.  The 
last  I  shall  touch  on  in  another  part  of  my  report. 

It  has  been  objected  that  offices  have  been  created.  What  oflSces? 
Col.  Jones  was  employed  to  qudit  some  difficult  accounts,  and  to  act  for 
General  Ilarllee  in  his  absence  on  public  business,  at  an  expense  of  just 
one  hundred  and  eleven  dollars  and  eleven  cents.  Major  Melton  was 
made  an  assistant  to  the  Adjutant  General,  the  Council  paying  only  his 
very  moderate  bill  of  expenses  in  Columbia.  Mr.  Arthur  was  made 
Secretary  of  our  body  without  any  compensation  from  the  Treasury. 
Lieutenant  Follin  was  given  a  military  rank,  without  any  addition  to 
the  salary  given  him  by  the  Legislature  as  Clerk  to  the  Adjutant  Gen- 
eral. An  assistant  to  the  Adjutant  General  was  given  for  Charleston, 
at  his  request,  witrh  the  rank  and  pay  of  captain.  A  Superinten- 
dent of  the  cannon  foundry  ^d  manufactory  of  arms  was  absolutely 
necessary  for  such  an  establishment,  and  so  as  to  the  saltpetre  planta- 
tion. Something  was  paid  to  some  of  the  surveyors  of  the  Santee,  the 
Pee  Dee,  and  the  mountains,  and  temporary  commissions  given,  though 
in  two  of  these  instances  the  valuable  services  of  Mr.  Niernsee  wore 
rendered  gratuitously.  Mr.  James  Tupper  was  made  Central  Secretary 
of  the  Commissions  for  the  removal  of  no^roes  from  the  seaboard,  and 
women  and  children  from  Charleston,  at  the  request  of  a  majority  of 
the  Commissions ;  a  very  laborious  office,  in  which  he  generously 
served  without  pay.  The  same  gentleman  has  been  recently  appointed 
to  examine  and  audit  the  accounts  of  this  State  with  the  Confederate 
Government,,  going  back  to  the  20th  of  December,  1860,  and  he  serves 
for  the  mere  amount  of  expense  incurred  in  the  performance  of  duty. 
The  Doctors  LeConte  liavo  rendered  valuable  service  in  examining  salt 
springs  and  lead  mines,  but  they,  too,  have  worked  gratuitously.  The 
Chief  of  the  Military  has  a  Clerk.  I  have  a  Clerk,  at  the  rate  of  five 
hundred  dollars  per  annum,  and  for  a  time  had  two  Policemen  in  per- 
manent employment,  at  fifty  dollars  per  month.  This  comprises,  I 
think,  everything,  and  the  Ordinance  expressly  gives  the  Governor  and 
Council  the  right  i' to  constitute  and  amwiitt  bUCii  agents  as  shall  be 


FOITRTH  SESSION.  667 

necas.^ary  for  the  MORE  EFFICIENT  execution  of  the  powers  conjmed  to 
them."    . 

I  am  not  aware  that  any  of  these  appointments  have  been  objected  to 
by  your  Excellency. 

I  shall  proceed,  in  part  three,  to  report  upon  the  action  talfen  on 
those  matters  which  have  come  more  particularly  under  my  individual 
control. 

Respectfully,  your  ob't  servant, 

I.  W.  IIAYNE. 


APPENDIX. 

A. 

AN  ORDINANCE 


For  Strfngtheninq  the  Executive  Department  during  the 
Exigencies  op  the  Present  War. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  herehy  declared  and  ordained 
as  follows : 

Sec.  1.  Until  the  present  war  between  the  Confederate  States  of 
America  and  the  United  States  shall  have  been  terminated,  and  the' 
forces  raised  in  this  State  for  the  prosecution  thereof  shall  have  been 
disbanded,  or  until  it  shall  be  otherwise  ordained  by  the  People  in  Con- 
vention, the  Grovernor  shall  be  assisted,  as  is  hereinafter  directed,  in 
the  discharge  of  the  duties  imposed,  and  in  the  exercise  of  the  powers 
conferred  upon  him  under  the  Constitution  and  laws  of  this  vState,  or 
the  Ordinances  of  this  Convention,  by  a  Council,  to  be  called  the 
Executive  Council,  which  shall  consist  of  the  Lieutenant  Governor  and 
three  other  citizens  of  the  State,  to  be  chosen  by  this  Convention  by 
a  ballot,  a  majority  of  the  votes  cast  at  such  election  being  necessary 
to  a  choice. 

Sec.  2.  The  Governor  and  the  Executive  Council,  acting  together,  shall 
have  power  to  dfeclare  martial  law  to  such  extent,  in  such  places,  and 
at  such  times,  as  shall  be  required  by  the  exigency  of  public  affairs;  to 
arrest  and    detain  all   disloyal  or  disaffected  persons,  whose  being  at 


668  APPENDIX  Ta  THE 

largejUliey  shall  deem  inconsistent  with  the  public  safety ;  to  order  and 
enforce  (subject  to  the  owner's  right  to  receive  due  compensation  from 
the  State)  such  difpofcition  of  private  property  or  appropriation  thereof 
for  public  uses  as  the  public  trood  shall  appear  to  them  to  require;  to 
make*  and  cause  to  be  executed,  all  such  orders,  regulations  and  ar- 
langemcnts,  as  they  shall,  from  time  to  time,  find  expedient  for  bringing 
into- service,  organizing  and  supporting,  the  whole,  or  any  part,  of  the 
population  of  the  State,  to  be  employed  in  the  public  service,  and,  also, 
for  maintaining  such  efficient  police  as  shall,  by  them,  be  thought 
necessary ;  to  make,  procure  or  employ  arms,  munitions  of  war,  and 
whatever  else  may  be  required  for  the  defence  of  the  State;  to  consti- 
tute and  appoint  such  agents  as  shall  be  necessary  for  the  more  efficient 
execution  of  the  pow-ers  hereby  confided  to  them ;  for  these  purposes  to 
draw  money  from  the  public  Treasury,  the  Treasurers  being  bound  to 
pay  their  draft  from  any  money  in  the  Treasury ;  to  make  all  such 
Dominations  and  appointments  to  military  offices  as  the  Governor  has 
heretofore  been  authorized  to  make  ;  to  fill  all  offices  and  appointments 
where  there  is  any  vacancy  for  default  of  action  by  the  Legislature  or 
other  appointing  power,  or  for  default  of  any  provision  by  law  of  the 
mode  of  appointment,  and  to  fill,  until  the  next  meeting  of  the  People 
in  Convention^  any  vacancy  wliijch  may  occur  in  the  Council  by  reason 
of  the  death,  resignation  or  removal  from  the  State,  of  any  one^of  the 
three  members  thereof  chosen  by  the  Convention, 

Sec.  ^j.  In  the  discharge  uf  all  his  duties  and  the  exercise  of  all  his 
powers,  not  hereinbefore  enumerated,  the  Governor  is  authorized  to 
consult  the  Council,  and  to  require,  if  need  be,  its  advice  in  writing. 

Sec.  4.  The  Governor  and  Executive  Council  may,  at  their  discre- 
tion, arrange  some  or  all  of  the  business  to  be  done  by  them,  into 
different  departments,  assign  egich  department  to  one  or  more  members 
of  the  Council,  and  "make  rules  for  the  management  of  a  department 
or  other  business.  Acts  done  by  either  of  the  departments,  in  con- 
formity to  rules  or  orders  established  by  the  Governor  and  Council, 
shall  be  valid,  but  shall  be  always  subject  to  the  control  of  the  Gov- 
ernor and  Council. 

Sec.  5.  The  (jovcrnor  shall  have  access  to  the  books  and  papers  of 
every  department,  and  the  opportunity  of  being,  at  all  times,  fully 
informed  of  the  condition  of  its  business;  reports  to  him  shall  be 
made  by  tlio  heads  of  departments,  when  he  may  require  them;  and 
he  shall  communicate  to  this  Convention  and  to  the  General  Assembly, 


FOURTH  SESSIOJT.  669 

at  every  meeting  of  either  body,  full  information  concerning  the  trans- 
actions of  the  Council  and  the  condition  of  every  department. 

Sec.  6.  If  there  should  be  a  vacancy  in  the  office  of  Governor,  the 
Lieutenant  Governor,  having  succeeded  to  that  office,  shall  discharge 
the  duties  herein  required  of  the  Governor ;  and  the  President  of  the 
Senate,  having  succeeded  to  the  office  of  Lieutenant  Governor,  shall 
become  a  member  of  the  Executive  Council. 

Sec.  7.  The  Governor  (or  if  he  be  necessarily  absent,  the  Lieutenant 
Governor,)  and  any  two  of  the  members  of  Council  elected  by  this 
Convention,  shall  be  sufficient  to  constitute  a  quorum  ;  and  the  concur- 
rence of  a  majority  of  all  present,  there  being  a  quorum,  shall  be  re- 
quired for  the  validity  of  any  action  in  which  the  Governor  and  Coun- 
cil are  required  to  act  conjointly.  If  by  vacancies,  the  Council  should 
be  reduced  to  two  or  only  one,  the  Governor  for  the  time  being,  with 
those  two  or  that  one,  shall  be  suffi-jient  to  fill  the  vacancies  in  the 
places  of  members  chosen  by  this  Convention,  until  the  next  meeting  of 
the  Convention. 

Sec.  8.  The  Got^ernor  and  Council  shall  keep  a  record  of  their  pro- 
ceedings, and  for  thi.s  purpose  the  Special  Private  Secretary  of  the 
Governor  shall  be  their  Secretary  without  additional  pay.  This  record 
shall  especially  show  the  reasons  for  every  arrest  made  by  their 
authority.  Any  one  of  them  shall  have  the  privilege  of  filing  and  thus 
preserving  as  part  of  the  record,  his  dissent  from  their  action  in  any 
matter.  On  the  first  day  of  Qach  meeting  of  the  People  in  Convention, 
the  record  of  all  the  proceedings  of  the  Governor  and  Council  had  prior 
thereto,  shall  be  laid  before  such  Convention,  and  the  said  proceedings 
shall  be  subject  to  review,  and  to  repeal,  or  such  modification  by  the 
Convention  as  to  it  shall  seeat  proper. 

Sec.  9.  The  first  meeting  of  the  Governor  and  the  Executive  Coun- 
cil shall  be  had  within  seven  days  after  the  adjournment  of  the  present 
sitting  of  this  Convention,  at  a  time  and  place  to  be  fixed  by  the 
Governar,  of  which  he  shall,  give  notice  to  each  member.  Afterwjfrds 
their  meetings  shall  be  regulated  by  their  own  orders  and  adjourn- 
ments. 

Sec.  10.  Each  member  of  the  Council  shall  receive  an  annual  salary 
of  two  thousand  dollars,  payable  quarterly  out  of  the  Treasury  upon  the 
draft  or  order  of  the  Governor. 

Sec.  1L  The  President  of  the  Convention,  if  in  his  opinion  the 
public  exigenties  shall  require,  or  if  he  sh;Ill  be  rcqucbted  in  writing  so 
to  do  by  any  twenty  members  of  the  Convention,  shall  by  oolice  under 


C70  APPENDIX  TO  THE 

his  hand  duly  published,  assemble  this  Convention,  without  delay,  at  a 
time  and  place  to  be  by  him  fixed,  and  he  shall  appoint  a  Committee  of 
five  members  of  the  Convention,  a  majority  of  whom,  or  the  survivors 
or  survivor  of  such  majority,  shall,  in  case  of  the  death,  resignation  or 
disqualification  of  the  President,  have  the  like  authority  and  be  under 
the  like  obligation  to  assemble  the  Convention  and  appoint  a  time  and 
place  for  its  meeting;  but  neither  the  President  of  the  Convention  nor 
any  member  of  the  said  Committee  shall  be  a  member  of  the  Executive 
Council. 


[Certified  copy.] 


B.  F.  ARTHUR,  Clerk  of  Convention. 


B. 

Executive  Council  Chamber, 
Columbia,  S.  C,  April  4,  1662. 
The  following  preamble  and  resolutions,  adopted  by  the  Governor  aiul 
Council,  have  been  ordered  to  be  published  : 

*  *  ;i;  *  *  *         .  :(: 

Whereas,  information  has  reached  the  Governor  and  Council  that 
sundry  small  vessels  have  from  time  to  time  carried  from  the  port  of 
Charleston  cargjjes  of  cotton,  which  the  Governor  and  Council  have 
reason  to  believe  have  found  their  way  to  the  enemy,  and  which  cer- 
tainly have  not  brought  back  return  cargoes  of  arms,  munitions  oV  army 
vsupplies  :  Therefore, 

Resolved,  That  during  the  continuance  of  the  present  blockade  the 
exportation  of  cotton  from  any  port  in  South  Carolina  is  hereby  pro- 
hibited, unless  by  the  express  permission  of  the  Confederate  or  State 
authorities. 

lieaulved,  That  an  agent,  resident  in  the  city  of  Charleston,  be  ap- 
pointed, who  shall  be  authorized  to  grant  permission  for  tlie  exportation 
of  cotton  on  the  terms  hereinafter  prescribed,  to  wit :  Affidavit  shall  be 
made  that  no  part  of  the  cotton  exported  shall,  with  the  consent  or  con- 
nivance of  the  exporter,  find  its  way  into  the  possession  of  the  enemy  ; 
and  bond,  with  good  surety,  shall  be  given  that  the  full  amount  of  the 
not  proceeds  of  the  sale  of  .said  cotton  shall  be  brought  back  into  the 


•  FOURTH  sp:ssion.  671 

Confederate  States  in  arms,  munitions  of  war,  or  army  supplies,  unless 
prevented  by  successful  interposition  of  the  enemy. 
[Extract  from  the  Minutes  of  April  4.] 

By  order  of  the  Governor  and  Council. 

.   F.  J.  MOSES,  Jr.,  Secretary. 


Columbia,  April  11,  1862. 

The  resiolutions  of  the  4th  of  April,  after  lying  over  for  two  days, 
and  thesubjcct-TDattorundergoinfj  discussion  for  several  days  previously, 
were  unanimously  adopted,  the  policy  being  approved  by  the  Governor 
and  every  separate  member  of  the  P]xecutive  Council.  We  believed 
that  we  were  but  attempting,  as  far  as  it  was  in  the  power  of  the  State 
authorities  to  do  so,  to  carry  out  a  settled  policy,  sanctioned  by  nine- 
tenths  of  the  people  of  the  Confederate  "States.  We  have  been  of 
opinion  that  the  exportation  of  cotton,  at  all,  was  conceded  to  be  an 
evil,  so  long  as  the  blockade  was  tolerated  by  neutral  powers,  but  that 
our  necessities  were  such  as  to  make  the  importation  of  ^^ arms, 
vmnitions  and  army  supplies,"  and  perhaps  some  other  articles,  an 
object  so  important  that  such  importation  more  than  count erh,alan<'cdihe 
civY  of  a  limited  exportation  of  cotton.  We  desired,  without  in  any 
degree  interfering  with  the  Confederate  Government,  to  make  Uie  ex- 
portation and  importation"  "correlative.  To  effect  this,  we  prohibit 
exportation,  without  erprcss  permission  of  the  authorities  of  either  one 
or  the  other  of  the  Governments.  The  failure  to  prohibit  by  the  <]on- 
fedcrate  Government  is  not  an  express  permission.  The  custom-house 
6learance  we  have  not  considered  as  an  express  permission,  unices  the 
Government  should  ihrhire  that  it  is  so  intended.  If  it  should  sg  declare, 
we  are  foiled  in  our  efforts,  that  is  all.  But  if  it  does  not  .so  declare, 
we  propose  to  prevent  the  exportation,  unless  by  a  special  permission, 
according  to  the  circumstances  of  each  case,  from  the  one  authority  or 
the  other,  or  by  a  permission  through  an  agent  on  the  general  terms 
specified  in  the  second  resolution. 

Now,  this  can  surely  bring  about  no  conflict  between  the  Govern- 
ments. As  to  the  citizens  claiming  rights  as  secured  by  existing  laws, 
that,  I  admit,  is  a  different  question.  That  is  a  question  we  supposed 
would  be  made ;  but  unless  the  Confederate  Government  interferes  in 
their  behalf,  we  do  not  doubt  cither  our  power  or  the  propriety  of  its 
exercise. 


672  APPENDIX  TO  THE 

Some  months  ago,  you  must  remember,  that  Mr.  Trenholm  proposed 
to  ship  cotton,  and  had  a  vessel  partly  loaded  fof  the  purpose.  Public 
opinion  was,  at  that  time,  so  general  and  decided  in  opposition  to  such 
exportation,  that  3Ir.  Trenholoi,  when  appealed  to,  yielded  to  its  force- 
He  desisted  for  the  time,  and  took  the  cotton  from  his  vessel.  I  shall 
not  now  enter  into  the  argument  to  show  the  grounds  upon  which  this 
overwhelming  popular. sentiment  rested.  I  expressed  my  views  pretty 
fully  through  the  papers  at  that  time.  Suiliceit  that,  in  the  opinion  of 
the  Council,  tliis  sootimeut  is  well  founded.  We  believe  the  exporta- 
tion of  cotton,  In  any  other  than  certain  exceptional  cases,  to  be  injuri- 
ous to  the  public  interests.  We  are  charged  with  high  powers  for 
protecting  the  public  safety,  and  promoting  the  public  welfare  in  the 
exigencies  growing  out  of  the  present  war.  Among  these  powers  are 
these  :  "to  declare  martial  law ;  to  arrest  disloyal  or  disaffected  persons^ 
whose  liberty  wc  deem  inconsistent  with  the  public  safety ;  to  make 
Buch  dispositio7i  of  private  proi^rty,  or  appropriation  thereof,  for 
public  uses,  as  we  consider  that  the  public  good  requires."  "We "are 
further  charged  with  "  procuring  arms,  munitions  of  war,  and  whatever 
else  may  be  required  for  the  defence  of  the  State."  Now,  cotton  about 
to  be  exported  is  *'  private  property,"  about,  as  we  believe,  to  be  appro- 
prijited  to  mischievous  uses;  have  we  not  the  power  to  "dispose  of"  it 
in  another  way ?  If,  in  our  opinion,  it  is  needed  "to  procure  arms, 
munitions,"  and  other  things  "  required  for  the  defence  of  the  State," 
have  we  not  the  power  so  to  appropriate  it  ?  If  we  have  the  power  to 
seize,  dispose  of  and  appropriate  the  cotton  for  such  purposes,  can  it  be 
usurpation  to  declare  that  the  owner  shall  so  appropriate  it,  if  he  ex- 
ports it  at  all  ?  The  mere  paper  declaration  \q  hrutum  .fulmen  unless 
enforced.  If  called  upon  to  enforce  the  declaration,  then  begins  the 
exercise  of  real  power.  Of  course  this  has  been  considered,  and  when 
we  seize  the  cotton  and  vessel,  and  ajtpnijiriatc.  them  ourselves  to  j)ro- 
cure  arms,  by  sending  them  ourselves  to  Europe,  we  will  do  no  more 
than  exercise  a  power  clearly  delegated. 

This  argument  applies  to  the  powers  of  the  Governor  and  Council, 
under  the  Ordinance.  As  to  the  power  of  the  State,  does  not  the  right 
of  eminent  domain  give  to  a  State  the  absolute  right  to  appropriate  all 
private  property  to  public  uses,  subject  only  to  the  claim  for  compensa- 
tion ;  more  especially  in  times  of  war  and  public  peril  ? 

The  simple  resolution  is  no  more  than  a  Governor's  proclamation. 
It  may  be  bad  taste  to  order  what  cannot  be  enforced,  but  as  I  have 
before  said,  it  is  only  when  enforcement  is  attempted   that  any  substan- 


FOURTH  SESSION".  .  673 

tial  usurpation  can  exist.  The  right  to  enforce^  in  the  way  we  propose, 
is,  in  my  judgment,  clearly  in  the  State,  and  as  clearly  delegated  by 
the  State  to  the  Governor  and  Council.  I  incline  to  think  that  any  in- 
terference with  the  exercise  of  this  right,  by  the  Confederate  Govern- 
ment, would  be  usurpation  on  their  part.  But  tee  do  not  propose  to 
raise  any  question  with  that  Government.  When  that  Government 
orders  or  asks,  or  even  expressii/ permits  cotton  to  go  out,  we  not  only  do 
not  attempt  to  enforce  prohibition,  but  we  declare  beforehand,  our 
assent. 

I  have  Avritten  very  hastily,  but  the  subject  I  have  considered. 

If  Mr.  W.  F.  Colcock  be  in  Charleston,  please  show  him  this  Jetter, 
and  ask  him  if  he  will  accept  the  agency.  Ke  was  appointed  Agent 
simultaneously  with  the  adoption  of  the  resolution,  and  a  copy  of  the 
resolution  sent  to  him, 

I  am  yours,  truly, 

I.  W.  HAYiNE. 

To  C.  R.  Miles,  Esq.,  District  Attorney  C.  S. 


85 


674  APPENDIX  TO  THE 


PART  in.— ON  TUK  SPECIAL  ACTION  OF  THE   DEPART- 
MENT OF  JUSTICE  AND  POLICE. 

Tu  his  Excellency  Governor  Pickens, 

Presiding  over  the  Executive  Council  of  South  Carolina: 

I  proceed  DOW  to  report  upon  those  matters  acted  upon  belonjiing  es- 
pecially to  the  Department  of  Justice  and  Police,  or  committed  to 
the  head  of  that  Department. 

Fir.-it,  as  to  the  correspondence  and  conferences  with  the  Commis- 
sions appointed  by  the  Couverition  to  take  charge  of  the  removal  of 
nctrroes  from  the  invaded  Districts,  and  of  women  and  children  from 
Charleston. 

Tliosc  Commissions,  appointed  by  the  Convention,  and  charged 
with  discretionary  powers,  arc  independent  of  the  Governor  and  Coun- 
cil, and  were. approached  only  in  the  way. of  suggestion,  and  for  the 
purpose  of  obtaining  information.  On  this  subject,  I  have  already 
reported,  in  special  report  No.  1,  which  I  append  to  the  present.  (Sec 
Appendix,  A.) 

These  Commissions  will  report,  I  presume,  directly  to  the  Conven- 
tion. 

I  have,  as  the  head  of  the  Department  of  .Justice  and  Police,  held 
correspondence  with  the  Provost  Marshals  presiding  over  the  Police 
Courts  established  in  the  Seaboard  Districts,  under  an  Act  of  the  Legis- 
lature, entitled  "  An  Act  to  provide  more  efficient  Police  Regulations 
for  the  Districts  on  the  Seaboard."  This  Act,  providing  Police-  Regu- 
lations fur  the  invaded  Districts,  is  that  to  which  I  alluded  as  having 
been  altered  in  some  particulars,  by  order  of  the  (jovcrnor  and  Council. 
The  alterations  do  no  more  than  carry  out  what  appeared  to  bo  the 
intention  of  the  Legislature,  except  that  extending  th'e  provisions  to 
Charleston.  Before  the  new  -Court  was  organized,  martial  law  was 
declared  in  the  city,  and  the  Mayor  declining  to  act  as  Provost  Marshal, 
no  steps  have  been  taken  to  put  it  into  operation.  Undoubtedly,  the 
amendments  were  "  Police  Regulations,"  intetjded  to  make  "  more 
efficient''  the  "  l-egulations"  already  existing. 

These  Police  Courts  have,  I  think,  for  the  must  part,  worked  well, 
and  have  had  a  wholesome  influence. 


FOURTH  SESSION.  675 

The  enforcement  of  the  regulations  prohibiting  distillation  of  grain  ^ 
and  tlie  sale  of  spirituous  liquors  in  certain  places,  has  been  committed 
to  uie.  In  the  matter  of  distillation  my  information  is  that  the  inhibi- 
tion has,  to  a  great  extent,  executed  itself.  Instead  of  distillation 
increasing  to  the  fearful  extent  which  was  threatened,  it  has  been  less 
than  was  ever  known  before.  Whether  any  prosecutions  are  in  pro- 
gress, I  do  not  know.  Hearing  of  some  violations  in  the  District  of 
Pickens,  I  appointed  a  Special  Police  Agent,  to  go  to  that  District  and 
ascertain  the  facts.  Several  names  were  furnished  him,  but  as  no  atii- 
davits  accompanied  he  made  but  one  arrest.  This  was  an  individual 
■whom  he  caught  in  the  act  of  distillation.  He  was  brought  before  me, 
as  the  head  of  Police,  and  placed  in  jail  unlil  I  should  determine  what 
proceedings  should  be  t^ien.  After  investigation,  I  discharged  him 
without  prosecution,  on  his  promise  to  give  bond,  with  surety,  that  he 
would  not  further  violate  the  regulations  of  the  Governor  and  Council 
on  this  subject.  Another  Agent  was  subsequently  sent  to  Union  Dis- 
trict, who  caught  a  man  there  almost  in  the  act  of  distillation,  and  who 
confessed  that  he  had  been  so  employed.  The  Agent  made  affidavit  of 
the  fact,  and  the  Sheriff,  under  my  orders,  arrested  the  distiller,  and 
delivered  him  to  the  Agent,  to  be  brought  before  me,  and  lodged  in 
jail,  in  Colujubia.  Some  delay  was  C5eated  in  this  case,  by  the  employ- 
ment of  counsel,  but, he,  too,  was,  after  investigation,  discharged  with- 
out prosecution,  on  his 'giving  bond  not  to  violate  further  the  regula- 
tions of  the  Governor  and  Council. 

An  Agent  in  Pickens  has  more  recently  made  as  many  as  six  arrests, 
but,  as  he  informs  me,  on  warrants  issued  by  a  Magistrate,  on  affidavit 
made  that  the  parties  were  engaged  ia  distillation.  I  have  instructed 
bin;  that,  upon  giving  good  bond,  and  paying  the  cost  and  charges  of 
Magistrates  and  Police  Agent,  they  should  be  discharged  without  prose- 
cution, unless  otherwise  directed  by  the  Solicitor  of  the  Circuit. 

In  all  cases,  the  Police  Agent  is  instructed  to  bring  away  the  still  of 
the  party  offending,  to  be  used  in  the  cannon  fuundry.  In  one  instance, 
upon  affidavit  of  the  distiilation  of  certain  distilleries,  the  stills  were 
seized  without  arrest  of  the  parties. 

.  For  the  sale  of  liquoron  the  line  of  the  railroads,  I  have  had  occa- 
sion to  httve  but  three  persons  brought  before  me,  all  of  whom  acknowl- 
edged their  guilt,  and  wore  glad  to  be  relieved  on  giving  bond  and 
paying  "expcDscs.  Several  in  Columbia,  upon  being  warned,  have 
volunteered  the  bond,  and  no  actual  arrest  haa  takcti  place.  In  three 
instances,  bar-rooms  have    been    closed,  and   the  key   taken    by   the 


676  APPENDIX  TO  THE 

Policeman,  but  afterwards  restored,  upon  giving  bond.  I  have  not 
considered  any  harsher  action  ncccssarj,  inasmuch  as  the  evil  origin - 
all)'  coniplained  of — drunkenness  of  troops  on  railroad  cars — has,  to  a 
great  extent,  disappeared,  and  public  bar-rooms  at  the  termini  of  rail- 
roads and  at  railroad  stations,  have  been  eft'ectually  suppressed. 

It  will  be  ob.served  that  these  arrests  and  temporary  detentions,  en- 
forcinij  rr<j\dat\>>n^  of  police ,  arc  such  as  the  hciid  of  every  municipal 
corporation  makes  daily.  So  far,  they  have  been  used  Jo  secure  prelim- 
inary examination,  as  initiatory  to  an  investigation  of  the  violation  of 
Police  iicgulations.  These  arrests  are  incident  torthe'power  "  to  make 
and  i??>/J/?-tr  "  the  "  Regulations  "  themselves,  and  arc  in  nowise  con- 
nected with  the  sul^stantive  power_^"  to  arrest  and  detain  disloyal  and 
disaffected  persons,  whose  being  at  large  was  deemed  dangerous."  This 
latter  leaves  the  party  arrested  without  claim  to  bail  or  mainprize^  and 
subject  to  imprisonment,  as  long  as  the  Governor  and  Council  might 
deem  necessary  to  the  public  safety. 

I  am  p1ea,sed  to  state  that  no  occasion  has  occurred  requiring  the  ex- 
orcise of  this  high  power — the  arrest  and  detention  of  disloyal  and 
disaffected  persons.  X^e  first  case  presented  was  that  of  some  man  in 
York  District,  who,  upon  affidavit  made  of  disloyal  language,  had  been 
arrested  and  carried  before  Judge  Witliers.  The  Judge  turned  the 
matter  over  to  the  Governor  and  Council,  stating  that  there  were  cir- 
cumstances inducing  him  to  doubt  the  sanity  of  the  party.  By  order 
of  the  Governor  and  Council,  a  Commission  was  instructed  to  examine 
into  this  issue.  The  physicians  appointed  on  the  Commission  reported 
the  man  insane,  and  he  was  treated  accordingly.  Very  many  affidavits 
have  been  sent  us,  and  still  more  frequently  letters  charging  disloyalty, 
but  we  have  in  no  case  been  convinced  that  the  party  charged  "  being 
at  large,  was  inconsistent  with  the' public  safety."  One  man  was  sent 
to  me  in  Charleston,  under  arrest  from  General  Evans,  charged  with 
disloyalty.  I  committed  him  to  jail,  but  the  charge  not  being  pressed, 
and  knowing  something  myself  of  the  party,  and  believing  that  there 
was  some  misapprehension,  I  some  days  aftarwards  discharged  him. 

The  passport  system,  introduced  at  the  instance  of  yqur  Excellency, 
was  committed  to  me.  A  passpoit  was  required  of  all  persons  coming 
into  or  going  out  of  Columbia.  To  execute  this,  I  employed  two  police, 
'men,  at  fifty  dollars  per  montli,  to  attend  to  this  business,  and  remain 
subject  at  other  times  to  my  order.  With  the  cooperation  and  assist- 
ance of  the  llailroad  Agents  the  system  worked  with  some  degree  of 
efiicicncy,  but  it  was  found  that,  without  incurring  much  greater  ex- 


FOURTH  SESSION.  677 

panse,  the  surveillance  could  not  be  made  complete,  and  the  necessity 
not  appearing  urgent,  the  resolution  was  suspended. 

Upon  the  matter  of  the  supply,  of  negro  labor  for  the  defence  of 
Charleston,  partially  committed  to  me,  the  question  has  bdJn  so  delicate 
and  full  of  difficulty,  that  I  have  not  ventured  to  act  without  consulta- 
tion with  yourself  and  the  Council.  .  The  Council  found  the  system  of 
impressment  of  negroes  already  inaugurated  by  a  resolution  of  the  Leg- 
islature when  they  came,  into  office.  Complaints  were  already  loud 
and  frequent,  'ihe  first  efforts  of  the  Council  were  directed  to  putting 
a  limit  on  the  existing  power.  Your  Excellency,  as  well,  I  believe,  as 
every  member  of  the  Council,  preferred  that  tlie  forced  labor  should  be 
taken  from  that  portion  of  the  State  where  it  was  Icaht "available  to  the 
owners  and  to  the  community,  and  could  be  best  spared.  They  con- 
fined the  impressment  to  the  city  and-  the  adjacent  invaded  Districts. 
The  (^nfcderatc  Generals  loudly  Complained,  and  a  Commission,  ap- 
pointed by  ourselves,  reported  that  it  was  impracticable  to  get  labor 
enough  there.  Gen.  Ripley  declared,  in  plain  terms,  that  with  a  sup- 
ply of  negro  labor  Charleston  could  be  made  s(i/r,h\it  that  without  this 
labor  he  would  not  feel  himself  responsible  for  consequences.  I  myself, 
at  this  point,  was  willing  to  do  what  we  have  recently  ordered,  that  is, 
open  the  whole  State,  and  equalize  as  far  as  possible  the  burthen. 
Your  Excellency  and  the  other  members  of  the  Council,  hoping  that 
each  call  wowld  be  Hhe  last,  preferred  still  to  confine  impressment 
within  as  narrow  limits  as  possible.  Thus,  until  the  adoption,  at  j'our 
instance,  I  believe,  of  Col.  Chesnut's  report,  and  the  system  there  re- 
commended, impressment  had  been  confined  to  Georgetown,  Charleston', 
Colleton,  Reaufurt,  Williamsburg,  Clarendon,  Orangeburg  and  Rarn- 
wcll.  The  number  of  negroes  furnished  from  this  region  1  have  rfot 
been  able  to  ascertain,  but,  altogether,  it  must  be  more  than  is  now 
called  for  from  the  iJistricts  hitherto  exempt. 

Nothing  that  has  or  can  be  said  on  the  subject  of  hardships  and  mis- 
chiefs growing  out  of  such  requisitions,  has  escaped  the  consideration 
of  your  Excellency  and  the  Council.  It  has  appeared  to  us,  however, 
under  the  circumstances,  a  necensi/i/,  and  we  have  met  it. 

The  same  necessity  which  justifies  the  conscription  of  the  white  man, 
justifies  tlie  impressment  of  the  negro.  As  I  have  said,  the  power  to 
impress  is'hlearly  given  under  the  authority  to  order  and  enforce  tl^ 
disposition  and  appropriation  -of  private  property  to  public  use;  the 
only  question  vrhich  has  arisen,  was  on  the. propriety  of  its  exercise. 

It  is  proper  to  state,  in  this  connection,  that  although  the  Governor 


678  APPENDIX  TO  THE 

and  Couucil  arc  responsible  for  the  cxteot  of  the  authority  given  to  the 
Confederate  Generals,  in  the  earlier  stapes,  thejcquisitious  themselves, 
as  well  as  the  mode  and  ujanner  uf  enforcement,  was  committed  to  them. 
The  calls  wer»  so  sudden,  and  the  emergency  represented  as  so  pressing, 
that,  considering  the- occasion  as  temporary  only,  it  was  left  to  those 
who  best  understood  the  necessity,  and  who  alone  had  the  practical 
means  to  enforce  obedience,  to  raise  the  labor  required.  Afterwards 
an  agent  was  appointed,  to  act  under  the  directions  of  the  General — but 
though  instructions  were  given  to  eijualizc  as  far  as  possible  the  burthen 
in  the  region  dc^iirnatcd,  still,  where  parties  neglected  or  refused  to 
respond  to  the  requisition,  the  ev/urccment  was,  from  necessity,  com- 
mitted to  the  Confederate  General.  We  had  not  at  command  either 
troops  or  other  means  lo  compel  compliance. 

On  such  a  subject  we,  of  course,  have  received  many  memorials  and 
communications,  to  which  we  havd  respectfully  replied,  through  some 
member  of  the  body.  One  memorial,  signed  by  the  greatest  number  of 
citizens,  and  by  gentlemen  of  the  highest  consideration,  was,  before  we  . 
had  time  to  act  upon  it,  published  in  the  papers.  In  reply  to  this,  we 
published  a  report  from  Professor  Holmes. 

I  have  before  adverted  to  the  resolution-  introduced  by  your  Excel- 
lency, on  the  subject  of  the  manufacture  of  salt.     It  is  as  follows : 

"  Rcxolvcd,  That  fifty  thousand  dollars  be  set  aside  to  encourage  and 
force  forward  the  manufacture  of  salt,  and  tliat  the  Chief 'of  Justice  and 
Police  be  authorized  to  execute  this  in  such  manner  as  he  may  think 
best  for  the  State." 

'  Though  the  wholo  subject  was  thus  committed  to  me,  the  practical 
exercise  was  so  far  removed  from  my  past  pursuits,  and  so  little  in  the 
line  of  any  natural  gifts  which  I  might  suppose  myself  to  possess,  that 
I  invari/ibly  applied  to  the  Council  for  advice.  The  very  extraordinary 
price  to  wlrich,  soon  after,  salt  advanced,  seemed  in  itself  as  well  cal- 
culated "to  force  forward"  its  manufacture  as  anything  within  the 
power  of  the  Council.  Some  men,  however,  who  desired  to  engage  in 
the  manufacture,  were  without  the  means,  and  it  was  deemed  expedient 
to  advance  the  money — to  be  paid  for  in  salt.  All  .seemed  to  be 
checked  in  some  degree  by  the  fear  of  loss  by  capture  or 'destruction 
by  the  enemy,  and  the  Council  ngrecd  to  assume  that  risk,  on  certain 
conditions. 

At  a  time  when  Charleston  was  greatly  threatened,  and  after  the 


FOURTH  SESSION.  679 

Confederate  troops  had  abandoned  Geor2;etown,  the  coast  in  Collefon 
and  Beaufort  being  already,  to  a  great  extent,  occupied  by  the  enemy, 
Horry  appeared  to  be  the  only  region  open  for  salt  operations.  Gen. 
Harllee,  being  well  acquainted  with  the  people  and  the  localities, 
undertook,  at  the  request  of  the  Governor  and  Council,  to  go  personally 
and  make  contracts,  and  appoint  an  agent  to  represent  the  State.  So 
far  as  that  region  of  the  State  is  concerned,  I  am  only  charged  with 
superintending  ,the  contracts  thus  made.  A  tabular  statement  will 
present  what  has  been  done.     (See  Appendix,  13.) 

In  addition  to  what  there  appears,  I  will  add  that  Professor  John 
LeConte,  at  my  request,  visited  a  portion  of  the  country  where  it  was 
supposed  that  salt  wells  might  be  obtained.  His  report  was  unfavora- 
ble, and  the  estimate  of  Mr.  Wclt(5n,  the  Superintendent  of  the 
Artesian  Well  in  Charleston,  as  to  the  cost  of  an  experiment,  being 
very  high,  it  was  not  thought  expedient  to  enter  upon  the  enterprise. 

Due  inquiry  has  been  made  at  the  salt  works- in  Virginia,  as  to  the 
possibility  of  making  some  arrangement  for  a  supply  of  the  wants  of 
the  State,  but  the  information  so  far  is. unfavorable. 

I  was  charged  with  the  execution  of  a  resolution,  adopted  March  1st, 
to  wit :  • 

*'RcsoIve<I,  That  the  sum  of  twenty-five  thousand  dollars  be  loaned 
to  the  Charleston  and  Savannah  Railroad  Company,  upon  the  conditiou 
that  any  future  indebtedness  of  the  State  to  the  Company,  for  trans- 
porting troops,  or  carrying  provisions,  or  any  other  purpose,  shall  be 
considered  a  payment  by  the  Company  of  a  part  of  the  said  loan,  add 
that  the  cars  of  other  propenty  purchased  with  the  money  loaned  as 
above,  shall  be  mortgaged  to^'the  State. 'J 

This  was  adopted  at  a  time  when  the  region  of  country  through 
wliich  this  railroad  passed  was  considered  in  imminent  peril,  and  the 
removal  of  negroes,  provisions  and  other  property  was  deemed  of  the 
utmost  importance.  The  road,  it  was  represented,  could  do  a  much 
larger  business  but  for  an  insufficiency  t)f  cars,  and  of  switches  and 
turnouts.. 

I  insert  the  report  of  the  President  of  the  road  upon  this  subject,  but 
recently  received  : 


C80  appj:ndix  to  the 

"  President's  Office,  Charleston  and  Savannah  R.  R., 
Charlkston,  August  16,  1862. 
"  Hon.  I.  W.  IIayne,  Chief  Dfjt't  Justin  and FoJice^  Cohunhia,  S.  C.  : 

"Dear  Sir:  On  the  22d  March  laj^t  I  had  the  honor  to  report  to 
you  tlic  result  of  my  effort  to  purchase  twenty  (20)  cars,  under  a  reso- 
lution of  the  Council  (March  1st).  After  a  thoroujjh  inquiry,  I  could 
only  obtain  the  number  authorized  with  great  diflBculty  here.  Roads 
everywhere  refused  to  listen  to  proposals  for  the  sale  of  any  portion  of 
their  rolling  stock. 

"  The  price  a;: reed  upon  was  $12,2r)0  (twelve  thousand  two  hundred 
and  fifty  dollnrs),^but  in  consequence  of  a  difficulty  in  delivering  tho 
ears,  I  have  not  yet  called  for  tfie  ajipropriation.  I  expect  to  do  so, 
however,  in  a  few  days. 

'*  Under  the  resolution  above  referred  to,  we  were  also  authorized  to 
construct  additional  turn-out.**,  for  the  purpose  of  aiding  the  removal  of 
provisions  and  other  property  from  the  line.  The  work,  so  far  as  we 
felt  warranted  in  proceeding,  has  been  done.  And  I  beg  to  enclose 
you  statements  of  its  cost  in  full,  detail.  The  amount,  $8,262  03,  you 
will  please  cause  to  be  remitted  at  early  convenience.  I  take  the  lib- 
erty to  add  that  it  would  not  be  easy  to  estimate  the  importance  to  the 
public  of  the  aid  thus  furnished  by  the  Council. 
"  With  great  respect, 
(Signed)  W.  J.  MAGRATH." 

The  amount  advanced  will,  I  have  no  doubt,  be  made  good,  ulti- 
mately, to  the  State. 

About  the  same  time  the  attention  of  4he  Governor  sfad  Council  was 
called  to  the  advantages  which  would  accrue  from  uniting  the  Charles- 
ton and  Savannah  Railroad  with  tho  South  Carolina  and  North-Eastera 
Railroads,  and  more  particularly  the  completion  of  a  bridge  allowing 
rolling  stock  of  the  Charleston  and  Savannah  Railroad  to  cross  tho 
Ashley  River.  Generals  Lee,  Peuiberton  and  Ripley  expressed  tho 
greatest  interest  in  the  work,  and  the  two  latter  pronounced  it  a  mili- 
tary  necessity.  Time  has  onl^  served  to  magnify  the  importance  of  tho 
enterprise.  The  rolling  stock  of  the-Charlcston  i\nd  Savannah  Raiiroad 
must  alone  be  worth  at.  this  time  (that  is,  if  money  can  be  made  a 
measure  at'all  of  that  which,  all  important  in  itself,  cannot  be  supplied 
elsewhere,)  at  least  a  half  million  of  di  liars.  If  that  road  should  get 
even  into  temporary  pjssc.-^sion  of  the  enemy,  the  rolling  stock  must 
i.nevitably  be  lost.     But  the  connection  proposed    is  of  the  utmost  im- 


FOURTH  SESSION.  681 

portancc.  After  a  great  deal  of  negotiation,  and  the  failure  of  many 
efforts  on  the  part  of  the  Governor  and  Council,  the  following  resolu- 
tion was  adopted,  to  wit : 

Resolved,  That  the  Chief  of  the  Department  of  Justice  and  Police 
be  authorized  to  take  all  necessary  measures  to  have  the  connection 
completed  between  the  Charleston  and  Savannah  Railroad  and  the 
South  Carolina  and  Noith-Easteru  Railroads:  Providxl,  in  his  judg- 
ment, it  can  be  effected  for  anything  within  the  sum  of  thirty-five 
thousand  dollars',  Genenal  Pemberton  having  pronounced  the  work  a 
military  necessity."  "  *      . 

Upon  the  report  of  competent  engineers,  I  concluded  that  the  work 
might  be  accomplished  for  the  thirty-five  thousand  dollars,  and  accord- 
ingly appointed  a  Commission,  to  consist  of  Messrs.  W,  J.  Magrath, 
President  of  the  Charleston  and  Savannah  Railroad  Company;  Alfred 
Ravenel,  President  of  the  North-Eastcrn  Railroad  Company  ;  and  H. 
T.  Peake,  Superintendent  of  the  South  Carolina  Riilroad,  to  execute 
the  work.  I  have  recently  received  from  Mr.  Magrath  the  letter  ap- 
pended, together  witli  the  report  of  the  Engineer,  which  I  likewise 
append  :  '  • 

"President's  Office,  Ch.vuleston  and  Savannah  R.  R., 
Charleston,  August  16,  1862. 
"  Hon.  I.  W.  H.WNE,  Chief  Department  Justice  and  Police,  Cohnnhid  : 

"Dear  Sir:  I  have  the  honor  to  submit  for  your  information,  the 
accompanying  report  of  B.  D.  Ilasell,  Esq.,  Vice  President  of  the 
Charleston  and  Savannah  Railroad,  on  the  progress  and  present  condi- 
tion of  the  Ashley  River  bridge. 

"When,  in  May  last,  I  »ndertook,  at  your  request,  in  connection 
with  Messrs.  Ravenel  and  Poake,  to  arrange'  for  the  execution  of  this 
work,  I  imtnediately  placed  it  entirely  in  charge  of  Mr.  Hascll,  whose 
large  experience  and  ability  as  an  engineer  would,  I  felt  sure,  accom- 
pli.sh  all  that  could  rea.sonab]y  be  looked  for. 

"  It  is  hardly  nocc8.sary  that  I  should  add  anything  in  confirmation  of 
the  Engineer's  btatcmenta  of  the  obstacles  he  has  had  to  encounter, 
and  which  have  greatly  retarded  the  work.  It  is  well  known  to  you, 
and  to  all,  how  difficult  just  now  it  is  to  forward,  with  energy  and 
rapidity,  enterprises  of  any  magnitude,  and  this  work  has  been  pecu- 
liarly embarras-sed  by  the  necessities  of  the  Confederate  authoritiLS  for 
86 


G82  APPENDIX  TO  THE 

the  very  material,  machinery  and  labor  indtspensable  to  its  speedy  coiu- 
pletion, 

"  I  am  gratifled,  however,  in  being  able  to  state  that  so  far,  in  this 
month,  the  progress  of  the  work  is  much  more  satisfactory  than  pre- 
viously. We  are  all  animated  by  a  most  earnest  desire  to  bring  it  to 
as  early  and  successful  conclusion  as  possible,  and  will  unite  all  our 
energies  for  the  purppse. 

**  With  great  respect, 
(Signed)  W.  J.  MAGRATII,  Chainnan:' 

"  PaEsfDExx's 'Office,  CiiAnr.ESTON  and  Savannah  R.  R., 

Charleston,  August  11,  1862. 
"  W.  J.  Magrath,  Esq.,  Anient  of  the  State  of  South  Carolina: 

"Deau  Sir:  Up  to  this  date,  the  piling  for  sixty-eight  piers  of 
the  Ashley  River  bridge  liave  been-  driven,  fifty-four  pierS  have  been 
capped,  and  three  hundred  lineal  feet  oT  longitudinal  braces  have  been 
put  on  the  caps.  The  original  estimate  calls  for -one  Iiundrcd  and  fii'ty-^ 
two  piers  of  the  main  bridge,  and,  therefore,  46-100,  or  nearly  one- 
half  of  the  piling,  is  finished.  None  of  the  corbels  or  stringers  have 
been  put  on  the  bridge,  but  the  timber  is  mostly  on  the  ground.  The 
value  of  the  work  done,  and  matferials  furnished,  may  be  estimated  in 
round  numbers  at  ten  thousand  five  hundred  dollars. 

"  The  slow  progress  of  the  work  is  mainly  attributable  to  the  diffi- 
culty in  procuring  hands  and  labor,  and  also  additional  pile-drivers. 

"  The  contractor  had,  at  one  time,  two  jtile-drivers  engaged  on  the 
bridge,  but  was  compelled  to  give  up  one  to  be  used  by  the  Government 
on  harbor  defences. 

"  With  the  presebt  difficulty  in  procuring  labor,  tools  and  materials, 
I  doubt  if  the  contractor  will  be  able  to  finish  the  bridge  much  before 
the  time  when  wo  may  expect  the  enemy  to  renew  his  demonstrations 
against  us  in  the  fall. 

"Very  respectfully,  yours, 
(Signed)  IJKNTLEY^  D.  IIASELL,  Vfce  Preshlent." 

I  believe  I  liave  touched  upon  everything  appertaining  to  my  De- 
partment, or  specially  committed  to  me.  With  regard  to  the  provisions 
of  section  number  eight  of  the  Ordinance  of  the  Convention  for 
strengthening  the  Executive,  to  which  my  attention  was  particularly 
called  by  your  Excellency,  to  wit :  That  "  the  record  shall  especially 
show  the  reasons  for  every  arrest  made  by  their  authority,"  I   have 


FOURTH  SESSION.  683 

referred  this  provision  to  arrests  made  under  the  second  great  substan- 
tive power  granted,  to-vrit:  the  power  ''  to  arrest  and  detain  all  dislojal 
and  disaffected  persons  whose  being  at  large  they  shall  deem  inconsis- 
tent with  the  public  safety."  This  power,  necessarily  discretionary, 
which  requires  no  affidavit  or  specific  averment,  and  which,  if  my 
views  are  correct,  habeas  corpus  would  not  remedy,  it  was  very  neces- 
sary to  guard. 

Being  in  this  matter  responsible  to  no  other  constituted  authority 
than  the  Convention,  a  full  disclosure  to  that  body  is  especially  enjoined. 
No  such  arrests,  as  I  have  said,  have  been  made.  The  arrests  already 
mentioned,  preliminary  to  further  proceedings,  and  which,  if  wrong,  a 
habeas  corpus,  would  remedy,  are  such  as,  I  have  before  remarked, 
every  Mayor  of  a  city,  or  Intendant  of  a  village  is  in  the  habit  of  ordet- 
ing  almost  every  day.  The  affidavits  are  on  file,  however,  and  can  be 
seen.  The  names  I  have  withheld  in  this  report,  thinking  it  an 
unnecessary  mortification  to  the  parties  to  publish  them. 
Respectfully,  your  ob't  servant, 

•        .  I.  W.  HAYNE. 


APPENDIX. 
A. 


State  of  South  Carolina, 

Department  of  Justice  and  Police, 
Columbia,  S.  C,  March  3,  1862. 

As  Chief  of  the  Department  of  Justice  and  Police,  I  have  the  honor 
to  make  my  first  written  report.  The  action  heretofore  taken  by  this 
Department,  having  been  the  .subject  of  almost  daily  consultation  with 
the  Governor  and  Council,  I  have  not,  up  to  this  time,  considered  a 
formal  communication  as  necessary ;  but  having  been  six  days  absent 
from  Columbia  on  official  duty,  I  now  respectfully  report : 

That  on  Saturday,  the  22d  instant,  at  3  o'dlock,  I  received  a  tele, 
gram  from  Gen.  S.  R.  Gist,  stating  that  Gen.  Ripley,  the  General  in 
command,  desired  my  presence  in  the  city  immediately,  and  that  he 
(General  Gist)  and  Judge  Magrath  thought  it  important  that  I  should 
come  down  at  once.  I  left  in  .the  5  o'clock  trtin,  arrived  in  Charles- 
ton at  daylight,  and  at  9  o'clock,  A.  M.,  saw  General  Ripley.     He  in- 


684  •  APPENDIX  TO  THE 

formed  me  that  certain  changes  in  the  disposition  of  the  forces  along 
the  Hoc  of  the  Charleston  and  ?:!vannah  Kailro^d  were  probable,  and 
read  to  luc  a  correspondence  between  Gen.  Lee  an,d  himself  on  this 
subject..  I  agreed  with  General  Ripley,  that  the  change,  if  made, 
would  render  a  prompt  and  mure  efTicient  action  proper  on  the  part  of 
the  Comuii.«sions  appointed  by  the  Convention  to  execute  the  Ordinance 
and  Resolutions  on  the  subject  of  removing,  negroes  and  other  property 
from  invaded  territory.  I  found  that  thesse  Commissions  had  not  had 
any  meeting  of  consultation,  and  that  several  of  the  Commissions  had 
never  met  among  themselves.  Though  these  Commissions ^re  inde- 
pendent of  each  other,  and,  as  I  think,  of  the  Governos  and  Council, 
having  certain  large  disrrctionnrt/  powers  vested  in  them  separately  by 
the  Convention,  yet  some  concert  of  action,  or  at  least  a  comparison  of 
views,  appeared  to  me  eminently  proper,  and  had  been  advised  by  mo 
as  Chief  of  the  Police  Department,  immediately  after  niy  appointnvent. 

Though  without  the  power  to  control  the  separate  Commissions  in 
the  exercise  of  their  discretion,  I  had  considered  it  as  a  duty  devolved 
on  the  branch  of  the  Executive  autliprity  committed  to  my  Department, 
to  advi.sc  with  and  offer  aid  to  these  Commissions,  and  had  accordingly, 
at  an  early  day,  opened  correspondence  with  the  Confederate  Generals 
on  the  subject,  and  communicated  the  result,  with  my  own  suggestions, 
to  the  Chairman  of  these  Connnissions.  The  Confederate  Generals 
concurred  in  recommending,  from  the  first,  that  preparations  should, 
without  delay,  be  made  by  the  Commissions  acting  under  the  Ordi- 
nances and  Resolutions  of  the  Convention. 

On  Monday,  the  day  following  my  interview  with  General  Ripley,  I 
called  together  as  niany  of  the  Commissions  as  could  be  assembled  on 
80  short  a  notice.  The  Commissions,  except  those  of  Georgetown  and 
Horry,  were  represented.  I  found  from  their  report,  that  very  little 
had  as  yet  been  done.  I  pressed  upon  them,  the  importance  of  more 
prompt  and  active  exertions,  and  after  learning  the  communication 
from  General  Ripley,  some  impression  seemed  to  be  made  upon  them. 
The  President  of  the  Charleston  and  Savannah  Railroad  Company  was 
before  us,  and  it  appeared  that  the  means  of  transportation  were  very 
limited,  and  were  further  embarrassed  by  the  irregular  calls  of  the 
military.     It  was  apparent  that  no  general  exodus  could  be  effected. 

It  was  the  opinion  of  those  present,  that  in  the  time  now  permitted 
for  action,  the  voluntary  movers  would  consume  all  the  means  availa-  ■ 
ble,  and  that  it  was  therefore  inexpedient  to  notify  parties-  that  they 


FOURTH  SESSION.  ^  685 

were  required  to  remove,  or  to  use  compulsion,  so  far  as  owners  were 
concerned. 

These  Commissions  were  anxious  to  be  more  definitely  informed  as  to 
proposed  militarj  changes.  I  went  accordingly,  at  their  request,  to 
Savannah,  and  saw  General  Lee.  He  stated  that  there  was  really  no 
positive  change  in  the  military  policy,  but  that  he  was  more  than  ever 
convinced,  from  recent  developments,  ihat  the  enemy  meant  to  attack 
both  Savannah  and  Charleston,  and  that  when  Charleston  was  attacked 
he  felt  more  than  eter  assured  that  it  would  be  in  such  force  that  its 
defence  would  require  the  concentration  of  his  own  forces,  particularly 
General  Pemberton's  command,  and  that,this  would  necessarily  leave  a 
larce  and  wealthy  portion  of  the  State  at  the  mercy  of  the  enemy. 

I  returned  the  next  day,  and  being  unable  to  assemble  the  Commis- 
sions that  e'vening,  called  them  together  for  the  next  day.  I  reported 
at  this  meeting,  and  the  Commissions  seemed  convinced  of  the  neces- 
sity of  immediate  proceedings.  The  Commissions  further  requested 
that  I  would  obtain  a  central  Secretary,  residing  in  Charleston,  to  aid' 
the  Commissions  in  the  contemplated  removals.  James  Tuppcr,  Esq., 
a  gentlemad  eminently  qualified  for  these  duties,  had  previously  volun- 
teered his  services  in  any  way  he  could  be  made  useful  to  the  State. 
I  spoke  to.  him  after  the  meeting  of  the  Commissions,  and  obtained  his 
consent  to  serve  in  this  way.  I  recommend  bis  appointment  by  the 
Governor  and  Council. 

It  was  at  the  first  meeting  of  the  Commissions  that  the  resolutions 
communicated  to  tliis  body,  and  upon  which  it  has  since  acted,  were 
adopted,  in  regard  to  an  appropriation  of  money  to  aid  in  increasing 
the  means  of  transportation  on  the  Charleston  and  Savannah  Railroad. 
I- returned  to  Columbia  in  the  night  train  of  Friday,  immediately  after 
the  business  above  referred  to  was  completed. 

I.  W.  IIAYNE, 
CJiief  of  the  Department  of  Justice  and  PuUce. 


686 


APPENDIX  TO  THE 


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■>* 

FOURTH  SESSION. 


687 


Contract  made 
by  J.  T.  Walsh, 
igent,     under 
appointment  of 
Gen.  Ilarllee. 

Contract  made 
by  J.  T.  Walhh, 
Agent. 

Contract  made 
by  J.  T.Walsh, 

Agent. 

Commenc'd  op- 
erations   Awr. 
11,  1862,  mak- 
ing 40  bushels 
per  dty. 

August  13,  1862. 
operations      not 
commenced. 

Aug  13, 1862,  op- 
erations not  com- 
n^enced. 

Aug  13, 1802,  op- 
erations not  com- 
menced. 

• 

To     deliver    on     Waccamaw  600 
bushels,  at  $i  per   bushel,  at 
following  times  :  106  bushels  on 
Nov.  1,  '62  ;   100  bushels  Jan.  1. 
'63:    100  bushels  March  1,   '63; 
300bushels  Junel, '63.     Of  the 
advance  $1,200  to  be  cash,  and 
$1,200  on  June  1,  '63. 

To  deliver  on  W.iccamaw  500  bush- 
els, at  $i  per  bushel,  as  follows : 
100  bushels  November  1,  18H2: 
150  bushels  J;inuary  1,  '63;  2oV. 
bushelH  April  1, '63.     Ofthead 
Vance.  $1,000   to  be  rash,  and 
$1,000  on  April  1, '63. 

To  deliver  on  Wacciwnaw  one  half 
manufactured  from  Aug.  1,  '62 
to  June  1.  'i'3.  at  .?4  per  bushel 
say  800  bushels,  266;^  on  Nov 
1   '62  ;  -jeo^on  Feb.  l!63;  266% 

■  on  June  1.  '63.  Oftho  advance. 
S;l,500  cash,  and  -.1,700  payal)le 
June  1,  '63. 

To  deliver  at  Fair   Bluff,  on  Wil 
miiigton  and   Manchester  Rail 
ro.id,  706  bushels,  at  $i  25  per 
bushe'.  One-h.ilfassoonas  miiiie 
— and  whole  before  June  1,  '63. 

All  salt  manufactured  to  be  sold  in 
South  Cariilina.  in  cqnsideration 
of  the  State  insuring  the  worlis 
again  5t  injury  by  the  enemy  to 
the  extent  of  $2!nii0— not  to  be 
p.iid  in  any  other  event. 

1 

, 

•* 

to    . 
00   ^>o 

- 

1,200 

* 

1,000 
1,0  0 

1,500 
1,700 

3,000 
2,000 

1862. 
Aug.     5 

1863. 
June     1 

1863. 
April    1 

18C3. 
June    1 

1862. 
Aug.     6 

1 

! 

1                        ■    1 

>5                                  t 

OJ 

S 

c 

c 
u. 

"c 

1- 

Hanover     Couiit\, 
N.U. 

c 

tr 
C 

1 

a 

I 

> 

c 

I 

I 

§                      ^ 
g                     E 

\                I 

i 

•c 

« 

I- 

00 

Ol 

! 

688  APPENDIX  TO  THE 


REPORT  OF  THE   CHIEF   OF  THE  DEPARTMENT  OF 
TREASURY  AND  FINANCE. 

Executive  Council,  South  Carolina, 

Department  of  Treasury  and  Finance, 
Columbia,  August  1st,  1862. 
To  nis  Excellency  Gov.  Pickens  : 

Sir  :  In  accordance  with  your  request,  I  have  the  honor  to  subaiit  a 
Report  upon  the  transactions  of  the  Department  of  the  Treasury  and  of 
Finance. 

This  Department  was  assigned  by  the  Governor  and  Council  to  the 
Hon.  Wm.  H.  Gist  and  myself,  under  the  Ordinance  of  the  Convention, 
entitled  an  "Ordinance  to  strengthen  the  Executive  during  the  exigen-- 
cies  of  the,  present  war."  My  associate  having  been  subsequently 
appointed  Chief  of  the  Department  of  Construction  and  Manufacture, 
the  duties  of  (his  Department  have,  since  that  time,  devolved  princi- 
pally upon  me. 

Rules  for  the  management  of  this  Department  were  adopted  by  the 
Governor  and  Council,  on  the  ITtli  of  January, 4862.  A  copy  of  these 
rules  are  herewith  subiiiitted,  marked  A.  By  these  rules  the  Chiefs  of 
the  Treasury  were  required  to  ascertain  what  funds  were  subject  to  the 
dralts  of  the  Governor  and  Council,  and  what  demands  existed  against 
the  said  funds;  to  enforce  the  proper  accounting  of  disbursing  officers, 
and  to  require  to  be  submitted,  whenever  practicable,  estimates  for  ex- 
ptnditures,  before  advances  were  made  from  the  said  funds;  to  adjust 
and  present  for  payment  such  claims  of  the  State  against  the  Confed- 
erate Government  as  had  not  been  entrusted  to  other  hands;  and  to 
keep  regular  accounts,  of  the  receipts  and  disbursements  of  the  Depart- 
ment, and  exhibit  them  to  the  Governor  and  Council  whenever  re- 
quired. 

The  onli/  fund  upon  which  drafts  have  been  drawn  by  the  Governor 
and  Council  has  been  that  derived  from  the  sale  of  stocks  issued  under 
the  Act  of  Assembly  passecf  in  December,  1861,  and  entitled  "  An  Act 
to  authorize  the  issue  of  stock  to  the  amount  ,of  $1,800,000,  for  the 
military  defence  of  the  State,  and  for  other  purposes."  The  funds 
arising  from  the  sale  of  this  stock  were  subjected  to  the  order  of  the 


FOURTH  SP]SSrON.  689 

Governor  by  the  A4»propriabion  Act  of  1861,  and  these  funds  have 
been  drawn  and  disbursed,  in  every  instance,  upon  your  Excellency's 
drafts  upon  the  Treasury  and  checks  on  the  Bank  of  the  State  .and  its 
]5ranch  in  Columbia,  countersigned  by  one  of  the  Chiefs  of  the 
Treasury. 

Froib  the  Statements  1  and  2  of  the  Treasurer  of  the  Lower  Divi- 
sion, herewith  submitted  as  Exhibit  B.,  it  will  appear  that  of  the 
$1,800,000  authorized  to  be  raised  by  the  Act  of  1861,  there  has  been 
realized,  from  the  subscriptions  of  sundry  Banks  of  this-  State  to 
the  stock  issued  under  the  said  Act,  including  interest,  the  sum  of 
§1,521,180  81.  The  difTcrence  between  thepriucipalof  thissumand  the 
whole  issue  authorized  by  the  Act  ($285,290),  is  th0  proportion  of  the 
Bank  of  the  State  to  the  slpid  subscriptfbn.  For  this  balance  of  stock 
unsold,  no  issue,  as  J  am  informed,  will  be  made,  but  the  said  sura  will 
be  advanced  by  the  Bank  of  the  State  as  the  exigencies  of  the  Treasury 
may  require.  Of  the  cash  realized  from  the  sales  of  the  said  stcfck, 
$300,000  was  appropriated  by  the  last  Legislature  to  the  payment  of 
the  loan  to  the  State,  made  by  certain  Banks  under  the  resolution  of 
the  General  Assembly,  adopted  at  its  extra  session,  held  in  November, 
1801.  This  last' sum,  together  with  the  interest  thereon  ($2,803  09), 
deducted  from  tlie  cash  proceeds  of  the  sale  of  the  stock,  will  give 
$1,218,377  72.'  The  amount  paid  into  the  Treasury  by  the  Bank  of 
the  State,  according  to  the  statement  of  the  Treasurer  of  the  Lower 
Division,  is  $1,254,706  98,  which  is  $36,329  26  in  excess  of  the 
proceeds  of  sales,  after  providing  for  the  roan  of  $300,000,  and  is  to 
be  reimbursed  to  fhe  Bank  from  the  balance  of  stock  unsold.  J*]xhibit 
B.  No.  8,  will  show  the  details  of  this  computation.  As  to  the  periods 
at  which  the  stock  was  sold,  it  may  be  proper  to  state  that  the  Presi- 
dent of  the  Bank  of  the  State  found  it  impracticable,  as  I  am  informed 
by  him,  to  act  upon  the  suggestion  of  your  Excellency,  that  the  stock 
should  be  sold  only  as  the  demands  upon  the  Treasury  might  require, 
and  thus  avoid  the  los.s  of  interest  which  the  State  would  otherwise 
incur.  The  Banks  which  sub?cribcd»for  the  stock,  having*  set  apart 
funds  for  that  purpose,  were  unwilling  to  postpone  their  investments, 
or  hold  their  quotas  idle,  and  hence  the  sales  were  made  at  the  times 
mentioned  in  the  Statement  of  the  Treasurer. 

The  accompanying  account  marked  C,  exhibits  in  detail,   all- the 

receipts  and  disbursements  by  the  Governor  and  Council  up  to  the  date 

of  this  report.     The  aggregate  of  expenditures  is  $938,235  57.     The 

items  which  make  up  this  sum,  arc  arranged  under  the  different  heads 

87 


690  APPENDIX  TO  THE 

of  disbursements  for  tlie  respective  Departments  o^the  Council  and  for 
the  contingent  expenses  of  the  Executive  and  Adjutant  General's  De- 
partments. The  amount  expended  for  each  of  these  Departments  is  as 
follows  : 

For  the  Department  of  Military 8826,404  82. 

For  the  Department  of  Construction  and  Manufacture 89,684  57 

For  the  Department  of  Justice  and  Police 15,985  48 

For  the  contingent  expenses  of  Executive  and  Adjutant 

General's  Departments 6,160  70 

All  of  the  purposes  for  which  the  above  expenditures  were  made, 
were,  strictly  speaking,  for  the  military  defence  of  the  State,  being 
directly  or  indirectly  connected  therewith.  JSut  I  have  thought  it  best 
to  make  the  classification  above  indicated,  so  as  to,  show  the  expenses 
of  each  Department,  and  to  make  the  general  accounts  of  the  Treasury 
harmonize  with  and  corroborate  the  separate  reports  of  the  diflerent 
Departments.  ,    , 

In  accordance  with  the  rules  of  this  Department  I  have  required 
that  all  advances  of  funds  should  be  preceded,  whenever  practicable,  by 
requisitions  approved  by  the  head  of  the  proper  Department  and  passed 
for  payment  by  the  Governor  and  Couiicil.  The  accounts  of  the  various 
Military  Bureaus  have  also  been  critically  examined  with  their  vouch- 
ers, and  being  approved  and  certified  have  been  deposited  with  the 
Chief  of  the  Department  of  the  Military.  I  respectfully  request  that 
the  'books  and  vouchers,  from  which  the  accounts  now  submitted  are 
prepared,  may  be  examined  and  passed  upon  by  such  Committee  as  yuur 
Excellency  may  select,  or  such  as  £he  Convention  or  Legislature  may 
designate. 

The  abstracts,  marked' D.,  which  accompany  this  report,  exhibit  in  a 
condensed  form  the  present  condition  -of  the  stock  and  cash  account 
and, the  balances  thereof  still  subject  to  draft  under  the  Appropriation 
Act  of  ISGI.     The  said  balances  at  tliis  date  are  as  follows ; 
• 

For  Stock  unsold .....6285,290  00 

Less  advanced  by*  liank : 36,320  26 

248,060  74 

For  Cash  in  State  Treasury •..   254,706  98 

For  Cash  in  Baqk  of  State ('.!), 686  13 

For  Cash  in  Branch  Bank,  Columbia 24,196  37—348,539  48 


Aggregate  balance  of  Stock  and  Cash $597,500  22 


.       •  rouRTrr  session.  goi 

This  balance,  still  subject  to  the  order  of  the  Governor  and  Council, 
will,  in  all  probability,  be  increased,  at  no  distant  day,  by  the  receipt 
from  the  Confederate  Government  of  the  amount  expended  by  the  State 
upon  the  iron-clad  gunboat  now  in  coui;se  of  construction  in  Charlcs- 
*ton,  under  the  order  of  the  Convention,  and  whieh  boat  the  said  Gov- 
ernment has  agreed  to  take  at  its  cost.  The  amount  thus  far  paid  on 
account  of  this  boat  is  ^170,000.  This  sum  has  been  drawn  from  the 
fund  arising  from  the  stock  sold  under  the  Act  of  the  l^rgislature  for 
the  defence  of  the  State,  without  resort  to  the  appropriation  of  the 
Convention  for  that  specific, object.  The  above  balance  of  cash  on 
hand  may  be  still  further  increased  over  8100,000,  by  funds  arising 
from  the  sale  of  Ordnance,  Quartermaster  and  Commissary  stores. 
Thes<J  funds  are  now  subject  to  the  order  of  the  Chief  of  Department 
of  the  Military,  to  whose  repOjit  upon  this  subject  reference  is  here 
made. 

The  duties  imposed  upon  the  Chief  of  the  Treasury  by  rule  4th  of 
this  Department,  relating  to  the  claims  of  this  State  against  the  Con- 
federate Government,  have  been  extended  by  certain  resolutions  intro- 
duced by  your  Excellency  ,and  adopted  by  the  Council.  A  copy  of  these 
resolutions  are  appended,  marked  E.  Previous  to  the  organization  of 
the  present  Executive  (;Ouncil,  my  predecessor  in  the  Treasury  Depart- 
ment, General  W.  G.  DeSaussure,  had  prepared  and  presented  tho 
claims  of  this  State  ag!iinst  the  Confederate  Government,  up  to  the  1st 
of  July,  1861.  These  claims  ho  was  not  allowed  the  opportunity  fully 
to  audit  during  his  attendance  at  Richmond  for  that  purpose.  And 
upon  the  as.«urance  that  the  said  claims  would  be  verified  during  hig 
absence,  he  left  them  with  the  Auditor  of  the  Confederate  States 
Treasury,  together  with  the  necessary  vouchers,  and  returned  home. 
Since  that  time  no  inforniation  has  been  received  in  response  to  my 
inquiries' as  to  what  progre.ss,  if  any,  had  been  made  in  auditing  the 
said  claims.  In  February  last  8250,000  00  was  paid  by  the  Confed- 
erate Government  to  Gen.  DeSaussure,  on  account  of  the  claims  of  this 
State,  which  sum  was  by  him  deposited  in  the  Treasury,  where  it  now 
remains.  As  to  the  claims  which  have  accrued  since  the  1st  of  July, 
1861,  no  definite  result  has  as  yet  been  attained,  although  some  prop^es-s 
ha.s  been  made  in  their  ascerfaioment.  I  have  called  upon  the  heads 
of  the  different  iMilitary  liurcaus  in  the  State  for  reports  upon  their 
operations  during  my  term  of  ofiice.  When  these  are  submitted,  I 
will   be  prepared  to  complete  the  adjustment   now  in  progress  of  the 


692  APPENDIX  TO  THE 

claims  against  the  Confederate  Government,  which  have  accrued  within 
that  period.  ' 

Having  been  called  by  the  orders  of  the  Governor  and  Council 
to  other  duties  in  connection  with  the  luilitary  defence  of  the  State, 
1  was  furnished  by  them  for  one  month  with  the  assistance  of  General* 
, James  Jones,  to  whose  systematic  and  business  habits  I  am  much  in- 
debted, not  only  in  auditing  a  portion  of  the  accounts,  but  for  the 
arrangement  and  classiffcation  of  the  books  and  business  of  the  Depart- 
uient.  I  have  the  honor  to  be,  very  respectfully, 

Your  obedient  servant, 

W.  W.  HARLLEE, " 
Chic/  of  Department  of  Treasury  and  Finance. 


EXHIBIT  A. 


Executive  Council  Chamber, 

January  17,  1862. 

Rules  fur  the  Management  of  the  Department  of  the  Treasury  and 
Finance,  adopted  hy  the  Governor  and  Executive   Council. 

Rule  I.  The  Chiefs  of  the  Department  of  Treasury  and  Finance 
shall  proceed  wilhout  delay  to  ascertain  from  the  proper  Officers  a  state- 
ment of  the  funds  in  the  Treasury  of  the  State,^ubject  to  the  drafts 
of  the  Governor  and  Council,  under  the  powers  conferred  on  them  by 
the  Ordinance  of  the  Convention,  and  the  appropriations  of  the  Legis- 
lature which  may  be  so  subject,  as  well  as  ascertain  what  other  sums 
which  may  come  into  the  I'ublic  Treasury  tliat  may  be  subject  to  the 
drafts  of  the  Governor  and  Council,  from  any  .sources;  also  the  present 
demands  upon  the  Treasury,  for  expenditures,  purchases  of  all  descrip- 
tions, for  tt-ansportation  of  troops,  munitions  of  war  and  other  supplies, 
and  report  the  same  to  the  Governor  and  Council. 

Rule  II.  It  shall  be  the  duty  of  the  Chiefs  of  said  Department,  or 
either  of  them,  to  require  all  disbursing  officers  in  the  military  service 
of  the  State,  and  all  others  entrusted  with  public  funds  for  army  pur- 
poses, to  account  at  such  stated  periods  as  may  be  fixed  by  them  for 
disbursements  of  money  entrusted  to  them,  and  produce  proper  vouchers 
therefor,  and  to  report  the  same  to  the  Governor  and  Council;  also  to 
require  estimates  to  be  submitted  by  such  officers,  with  the  approval  of 


•  FOURTH  Sl:SSION.  693 

the  Chief  of  the  Military-  Department,  of  the  necessary  expenditures 
for  the  military  services  of  the  State,  or  for  the  purposes  of  police,  &c.,* 
when  the  same  is  practicable,  before  the  funds  are  advanced  to  them  ; 
and  when  practicable,  such  estimates  shall  be  submitted  to  the  Governor 
and  Council,  and  such  advances  as  are  made,  and  the  amounts  thereof, 
shall  be  determined  on  by  the  Governor  and  Council  prior  to  such 
advance.  a 

Rule  III.  All  drafts  on  'the  Treasury  and  the  Rank  of  the  State, 
authorized  to  be  drawn  by  the  Governor  and  Council,  under  the  Ordi- 
nance of  the  Convention,  or  by  the  Governor,  for  military  purposes, 
under  the  Acts  of  the  Legislature,  shall  be  countersigned  by  either  of 
the  Chiefs  of  said  Department. 

Rule  IV.  It  shall  be  the  duty  of  the  Chiefs  of  said  Department, 
or  one  of  them,  to  present  for  settlement  and  receive  from  the  Con- 
federate Government,  such  sums  of  money  as  may  be  due  to  this  State 
for  advances  made  by  this  State,  properly  chargeable  to  the  Confederate 
Government,  and  to  receipt  for  the  same,  except  such  claims  «s  are 
already  in  the  hands  of  Hon.  "SV.  G.  DeSaussurc,  lately  in  the  Depart- 
ment of  the  Treasury,  and  such  as,  by  the  laws  of  the  State,  he  may 
be  required  to  receipt  for.  All  sums  so  received"  by  the  Chiefs  of  said 
Department,  or  cither  of  them,  shall  be  deposited  in  the  State  Trea- 
sury, and  reported  to  the  Governor  and  Council  without  delay. 

Rule  V.  The  Chiefs  of.  the  said  Department  are  authorized  to  make 
a  distribution  cff  the  duties  and  powers  of  the  Department  betwixt 
themselves,  and  to  establish  such  rules  as  they  may  deem  advisable  for 
securing  the  proper  accounting  of  officers  a,nd  others,  which  shall  be 
reported  to  and  suDJect  to  the  appro^'al  -of  the  Governor  atd  Council  • 
but  the  signature  and  acts  of  either  one  of  them  shall  be  as  valid  in  the 
said  Department  as  if  done  by  both. 

Rule  VI.  The  Chiefs  of  the  said  Department  shall  keep  a  book  or 
books,  showing  tlft  transactions  thereof,  both  in  the  receipts  agd  dis- 
bursements of  money,  which  shall  be  exhibited  to  the  Governor  and 
Council  at  such  stated  meetings  as  they  may  require;  and  for  this  pur- 
pose they  are  authorized  to  procure  the  services  of  a  clerk,  at  such  rate 
of  compensation  as  shall  be  fixed  by  the  Governor  and  CouOcil. 
By  order  of  the  Goveroor  aad  Council. 

F.  J.  MOSES,  Jr.,  Secretary. 


594  APPENDIX  TO  THE  * 

EXHIBIT  B.— No.  1. 

Subscribers  to  Loan  §1,800,000,  under  Act  of  December,   18G1. 


BY 


lAmoiiut  sub- 
scribed for. 


Bank  of  South  Carolina f 

State    Bank 

Union  Bank 

Planters'  and  Mgchanics'  Bank 

Farmers'  and  Excbanyo    Bank « 

People's   Banl^. 

South  Western  Railr-^ad  Bank 

Exchange  Bank  i>f  Columbia 

Bank  of  Hamburg 

Planters'  ]3ank,  Fairfield 

Bank  of  Chester 

Merchants'  Bank  of  South  Carolina 

Bank  of  Georgetown 

Bank  of  Newberry 

Bank  of  the  State  of  South  Carolina*  (not  issued) 


,330 

,021 

.079 

,621- 

,621 

.621 

,000 

.159 

,540 

.040 

,000 

.486- 

,831 

,416 

,485 

,650 


Amount 
fu  nished. 


$368,330 

121.620 

107.070 

121.620 

121,620 

121,620 

180,000 

93,150 

53,540 

53,540 

32,000 

36,360 

42,830 

21,410 

40,000 

285,290 


M, 800,000 


$1,800,000 


Banks  that  refused  to  subscribe  :    Bank  of  Camden,  Commercial  Bank  of  Columbia. 


•  This  reprtsenis  the  balance  unsold  in  the  hands  of  the  Bank.         i 


FOURTH  SESSION. 
EXHIBIT  B.— No.  2. 


695 


Procceds.of  Sales  of  Seven  Per  Cent.  Stock,  $1,800,000  Loan,  issiied 
under  Act  of  December,  1861,  and  Disbursements  of  the  same  under 
Appropriation  Act  of  December,  \.%Qi'\,  and  under  the  regulation  of 
the  Executive  Coitncif.  «. 


1862. 

January  24 
February  .3 
Miucli  14... 
March  24... 


J.auuary  ]  0 
May  19 

May  24 

April  14.... 

July  17 


RECEIPTS. 
Proceeds  deposited  by  Bank., 


DISBURSEMENTS. 

Paid  draft  of  Governor  in  favor  of  C.  M  Fur- 
man,  President  Bank  of  State,  under  Act  of 
December,  1861 


Pai(<  order  of  W.  H.  Gist,  Cliief  of  Treasury 
Dt'piirtinciit,  under  resolution  of  Executive 
Council,  deposited  in  B;iuk  of  the  State, 
"subject  to  draft  of'Governor,  countersigned 
by  one  of  the  Chiefs  of  Department  of  Trea 
sury  and  Finance" -. 


Paid  same  and  deposited  as  last. 


Transferred  to   Treasury    Upper   Division,    on 
draft  of  Chief  of  Treasury  and  Finance.. 


Paid    Fj   AV.    Pickens,    Governor,    and  \V.  W. 
llarllee,  Chief  of  Treasury  and  Finance... 


Balance  undrawn  7th  August,  1862. 


$688,500  00 

230,000  00 

292,872  42 

43,33-f  66 


$1,254,706  98 


500,000  00 


100,000  00 

100,000  00 

150,000  00 

150,000  00 


1,000,000  00 
$264,706  98 


W.  J.  LAVAL, 

Treasurer  Lower  Division. 


696 


APPENDIX  TO  THE 


EXHIBIT  B.— No.  3. 

■Statement  shoicing  Sales  of  State  Seven  Per  Cent.  StocJcy  under  Act 
of  Deccmher,  1861,  hi/  Bank  of  the  State  of  South  Carolina,  and 
disposition  of  tlie  proceeds  thereof. 


March  1. 


1862.      1 

January    G  By  Union  B:ink 

Bank  of  Newberry , 

Bank  of  Suuth  Carolina 

People's  Bank , 

Planters'  and  Mechanics'  Bapk., 
Fanners'  aud  E.\ehHn>;e   Bank  ., 

Bank  of  Charleston 

Railroad  Bank , 

State  Bank 

Bank  of  Cliester 

Bank  of  Hamburg 

Bank  of  Georgetown , 

Merchants'  Bank,  Cheraw , 

Planters'   Bank,  Fairfield 

Exchange  Bank,  Columbia......... 


To  the  following  Notes  and  Interest,  held 

by  the  Banks,  for  Loan  of  $.300,000 

under  Act  November,  1S61 : 
To.  Bank  of  Hamburg 

Merchants'  Bank,  Cheraw 

Farmers'  and  Exchange  Bank 

People's  Bank '. 

State  Bank 

Bank  of  Ch.arle?ton 

Planters'  Bank,  Fairfield...... 

Southwestern  Railroad  Bank 

Bank  of  Georgetown 

Bank  of  "Chester '....., 

Bank  of  South  Carolina 

Exchange  Bank,  Columbia 

Union  Bank 

Planters'  .and  Mechanics'  Bank 

Bank  of  Newberry '. 

Bank  of  Camden •« 

Commercial  Bank,  Columbia..; 


January  24  To  Amount  transferred  State  Ti'easury. 
February  3 
March  15... 
March  28... 


Balance. 


$11,004  87 

8,809  78 

21,815  87 

21,749  54 

21,753  68 

68,749  33 

6.525  76 

18,978  73 

4,401  -88 

6,525  77 

21,753  68 

10,876  34 

21,7^3  67 

21,753  63 

8,682  98 

9,959  49 

•17,708  09 


$302,803  09 

$088,600  00 

230,000  00 

292,872  42 

43,334  56 


$1,557,510  07 


$121,620  00 

40,00Q  00 

121,793  61) 

180,121  53 

121,91)8  60 

121,970  78 

369,940  80 

93,998  59 

108,095  GO 

36  664  35 

53,540  00 

21,670  66 

43,348  47 

32,337  55 

54,170  98 


$1,521,180  81 


36,329  26 


$1,557,610  07 


To  Balance  d.ue  Bank  of  the  State  of  South  C^arolina,  to  bo  refunded  out 

of  the  Stock  subscribed  for  by  the  Bank,  viz. :    .$285,290  00 $36,329  26 


FOURTH  SESSION.  697 

CONDEXSED  VIEW  OF  STATEMENTS  1,  2  AND  3,  IIXHIBIT  B. 

Amount  of  Stock  authorized  by  Act  1861 '.......$1,800,000  00 

Less  amount  of  Stock  unsold..". 285,290  00 


Amount  principal  of  Stock  sold 1,514,710  00 

Add  Interest  accrued  on  above  Stock  when  issued 6,470  81 


Whole  amount  realized  from  sale  of  Stock 1,521,180  81 

Leps  principal  of  Loan  paid  to  Banks S300,000  00 

Also  Inteieston  said  Loan 2,803  09 — 302,803  09 


Balance  proceeds  sale  of  Stock  after  pajmcnt  of  above 

Loan 1,218,877  72 

Amount  paid  into  the  Treasury  by  Baak  of  State 1,254,706  98 


Amount    advanced    by 'Bank    on    its    subscription    of 

$285,290  00 :.... 36,329  26 


698 


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APPENDIX  TO  THE 


EXHIBIT  D. 

Abstract    of  Account  icith    State    Stork   Loan  of  $1,800,000,  issued 
un<hr  A.  A.,  1861, /cr  the  Military  Defence  of  the  State. 


Dn. 


To  amount  nf  Stock  directed  to  be  issued  unHer 

the  iibuve  \Act • _. , 

jUiKiuiit    of    lutcresl   accrued    upon    Stock; 
when  issued .' ^ 


Cb. 


By  amount  applicable  under  Appropriation  Act 
of  1S61  t<j  tlie  piij'mcnt  <if  the  L'  un  niadC| 
by  the  Bunks  of  this  State,  unde»tlic  res-i 
olution  i>f  the  General  Assembly,  adopt  d 
at  the  Extra  Session,  held  in  November,! 

1S61 $3  0.000  00 

Interest  on  above  Loan  at  lime  of  payment..!  2,803  09 

ly  amount  of  proceeds  of  .nales  of  stock,  drawn] 
by  the  Governor  and  by  the  Exucutive; 
Council,  as  per  statement  of  the  Treasurer; 
of  the  Lower  Division  |    1,000,000  GO 

Balance,  Cash  in  bauds  of  Treiis'r.. $254,706  98i 
Balance  Stock  unso  d 285,2;i0  00  j 

Less  advance  of  Banks     36,329,26.. .2-18,900  74'        503,667  72* 


$1,806,470  81 


$1,800,000  00 
6,470  81 


$1,806,470  81 


CoLUjiBiA,  S.  C,  31st  July,  1S02. 


Abstract  of  Cash  Account   of  Dcj^aftmcnt  of  Treasury  and  Finance, 
to  31s<  July,  1862. 


Dr. 


Cr. 


To  amount  received  from  State  Treasury  from  • 

|sales  of  Stock,  made  undcp  Act  of  186 1,| 

as   per   account   of   Treasurer   of    Lower! 

Division .' j    $1,000,000  00 

To  amount  received  from  other  sources,  as  per! 

account  current  of  this  Department 


By  disbursements  for  Department  of  tjjo  !Mili- 

tary , '      $826,404  82 

By  disbursements  for  Department  of  Ccnstriic-| 

tion  and  Manufacture -89,684  67 

By  disbursements   for  Department  of  Justice] 

and  Police..." , j  15,985  48 

By  disbursements  for  Executive  and  Adjutant, 

General's  Departments |  6,160  70 


Gross  sum  of  disbursements $938,235  57 

Balance  cash  in  Bank  of  State $09,036   iSi 

Balance  cash  in  Branch,  Co!um4jia..  24,196  37  9:j,832  50 


$1,032,068  07 


32,068  07 


51,032,068  07 


Coi-pMBiA,  S.  C,  3l8t  July,  1862. 


FOURTH  SESSIOJJ. 


709 


Statement  of  Balances  from  above  accounts,  sliowing   Stock  and  Cash 
subject  to  draft  of  Executive  Council. 


1802. 

July  31.. 

"     31 

By  stock  unsold  tliis  date,  loss  adv.  of  Bank 

$248,960  74 

$2:)4,70ft  98 
6y,63fi   12 
21,lyG  37 

"     31.. 

By  Cash  in  Bank  of  State 

"     31.. 

348,53!)  43 

A"-gregato  balance,  31st  July,  1862  

$597,500  22 

• 

710  APPENDIX  TO  THE 

EXHIBIT  E. 

Resolutions  of  the  Governor  and  Council  in  relation  to  the   claims  of 
this  State  against  the  Confederate  States. 

1.  Resolved,  That  the  Chief  of  the  Treasury  be  directed  to  make 
out  a  full. statement  of  tlie  accounts  of  South  Carolina  against  the  Con- 
federate Government,  from  the  20th  of  December,  1860,  the  day  on 
which  the  State  withdrew  from  the  old  Federal^Union,  up  to  the 
present  time. 

2.  Resolved,  That  said  statement  shall'  show  in  t|je  acf  ount  what 
expenses  were  incurred  by  South  Carolina  from  the  21)th  of  December, 
1860,  up  to  the  8th  of  February,  1861,  the  latter  «lay  inclusiTC,  in 
sustaining  her  independent  position,  and  in  defending,  the  harbor  of 
Charleston. 

3.  Rewlved,  That  as  Castle  Pinckney,  Fort  Moultrie  and  Fort  John- 
son, with  all  their  heavy  armaments,  ordnance  stores,  ammunition,  and 
so  forth,  were  acquired  by  the  authorities  of  South  Carolina  within  that 
period,  and  were,  upon  the  adoption  of  the  Confederate  Constitution, 
transferred  by  the  State  l!onvcntion  to  the  Confederate  Governmeqj;, 
therefore,  all  the  expenses  incurred  by  the  State  herself  in  thus. acquir- 
ing them,  are  just|y  chargeable  against  the  Confederate  Government,  . 
and  that  the  Chief  of* the  Treasury  be  instructed  to  make  out  this 
account  accordingly. 

•  4.  Resolved,  That  the  Chief  of  the  Treasury  do  also  make  out  a  full 
statement  of  irll -expenses,  from  the  8th  of  February,  1861,  up  to  the 
pr<?sent  time.. 

5,  Jtesolved,  That  the  Act  of  the  Provisional'  Congress,  entitled 
"An  Act  making  appropriations  for  the  support  of  three  thousand 
,  men,  for  twelve  months,  to  be  called  into  service  at  Charleston,  South 
Carolina,"  &c.,  &c.,  approved  t!ie  11th  of  March,  1861,  and  the  de- 
claratory resolutions  of  the  Provisional  Congress  "  in  regard  to  the 
military  expenditures  made  by  the  State  of  South  Carolina/'  approved 
the  10th  of  May,  1861,  clearly  show  that  the  sums  therein  mentioned 
were  expressly  intended  to  cover  the  military  expenditures  of  this 
State,  made  previous  to  the  regular  organization  pf  the  Confederate 
Government,  and  that  they  intended  thereby  to  dispense  with  the  regu- 
lar forms  generally  required,  of  vouchers  necessary  to  pass  accounts 
before  the  Auditors  of  the  Treasury,  as  most  of  the  expenditures  were 
made  before  there  were  any  Confedei*ate  officers  to  make  or  acknowledge 
requisitions. 


"        FOURTH  SESSION.  711 

6.  Resolved,  That  the  Chief  of  the  Treasury  give  credit,  iu  this 
account,  for  the  8686,774  00  paid  by  the  Confederate  Government 
upon  vouchers  regularly  admitted,  leaving  ^1,202,597  71 ;  and  also  for 
the  $250,000  00  ordered  by  Congress  to  be  paid  over  to  this  State,  on 
account  of  advances  made  by  this  State  to  tlre.Confederate  Govern- 
ment; 8250,000  00  to  be  credited  on  the  open  claims  not  yet  adjusted, 
and  not  for  accounts, 'the  vouchers  of  which  wei'e  presented  by  General 
W.  G.  DeSaussure,  on  the  part  of  this  State,  as  Secretary  of  the 
Treasury,  and  most  of  which  were  admitted,  but  not  settled  for  want 
of  time. 

7.  Resolved,  That  the  account  rendered  to  the  Governor  by  Colonel 
Duryea,  as  Secretary  of  the  Coast  Police,  against  the  Confederate  Gov- 
ernment, for  458  tons  of  Coal,  at  the  estimated  value  $20  per  ton, 
together  with  the  receipts  for  the  same  given  by  Brigadier  General 
Kipley,  Confederate  General  Commanding;  and  also  the  receipt  given 
by  General  Kipley  for  the  Howell  Cobb,  and  her  armament,  at  the 
estimated  value  for  the  same,  82,600  00,  be  all  put  in  proper  form  by 
the  Chief  of  the  Treasury  against  the  Confedejate  Government. 

8.  Resolved,  That  the  Chief  of  the  Treasury  pass  over  to  the  credit 
of  the  Governor  and  Council  the  amount  deposited  in  the  ]>ank  of  the 
State  by  Colonel  Duryea,  Secretary  of  the  Coast  Police,  85,204  07,  as 
balance  cash,  after  deducting  expenses  fur  sale  of  certain  vessels,  taken 
by  orders  ef  the  Governor  before  the  8th  of  February,  18G1,  from  the 
Government  of  the  late  United  States. 

9.  Resolved,  That  the  Chief  of.  the  Treasury  be  instructed,  as  soon 
as  an  appropriate  time  may  occur,  to  present  the  accounts  against  the 
Confederate  Government  in  proper  form^and  urge  them  to  a  speedy 
settlement,  and  if  it  be  preferred,  he  is  hereby  authorized  to  receive 
Confederate  Bonds,  in  fulF  settlement  for  the  same,  as  cash. 

10.  Resolved,  That  the  Ordnance  Officer  of  the  State  be  directed  to 
furnish  an  authentic  account  of  the  arms  and  accoutrements  that  have 
been  advanced  to  the  troops  of  South  Carolina  (of  all  kinds),  that  have 
bpen  mustered  into  Confederate  service  from  the  8th  of  February,  1861, 
and  an  estimated  value  of  the  same,  and  •  that,  upon  the  reception  of 
such  account,  with  the  official  vouchers  from  the  office  of  tho  State 
Ordnance  Officer,  the  Chief  of  the  Treasury  be  directed  to  add  the  same 
to  his  account  against  the  Confederate  Government. 


12  APPENDIX  TO  THE 


REPORT  OF  THE  CflTEF  OF  TUE  DEPARTMENT  OF 
CONSTRUCTION  AND  MANUFACTURE. 

bEPARTMENT   OF   CONSTRUCTION   AND    MANUFACTURE, 

Columbia,  S.  C,  August  29th,  1862. 
To  HIS  Excellency  Gov.  Pickens  : 

In  obedience  to  the  call  of  your  Excellency  on  this  Department  for 
a  report  of  its  condition,  "  under  the  fifth  section  of  the  Ordinance  of 
the  Convention  orp:anizinp:  the  Executive  Council,"  I  respectfully 
report : 

That  on  the  24th  ^larch  last,  the  Governor  and.  Council  created  the 
Department  of  Construction  and  Manufacture,  and  appointed  me  Chief 
of  that  Department;  and  that  I  entered  upon  its  duties  a  few  days 
afterwards.  The  most  iinportant  duty  devolving  on  me  was  the  estab- 
lishment of  a  foundry  and  work  shops  for  casting  cannon,  making  gun 
carriages  and  the  manufacture  of  small  arms.  The  Council  having 
decided  to  establish  a  foundry  and  armory  on  a  small  scale,  authorized 
lue  to  search  out  a  suitable  location  and  procure  a  site.  Before  deter- 
mining upon  a  site,  and  with  a  view  to  get  all  the  information  neces- 
sary to  secure  a  proper  location,  with  reference  t-o  motive  power, 
suitable  iron,  timber,  and  other  things  nccessa'"y  to  success  in  making 
ordnance  and  small  arms,  I  sent  a  special  ag'^nt  to  Richmond,  and  with 
the  aj^sLstauce  of  tlio  authorities  procured  the  services  of  Mr.  Ciunpbell, 
who  was  engaged-  at  the  Tredegar  Works,  a  man  of  intelligence,  expe- 
rience, a*nd  familiar  with  manufacturing  amis  and  munitions  of  war. 
In  company  with  him  mid  jMi*.  D.  Ivopez,  the  General  Superintendent 
of  the  State  Works,  I  visited  the  Nesbit  and  King's  Mountain  Iron 
Worl<s,  and  obtained  reliable  informatinn  in  relation  to  the  other  iron 
\?orks  in  tho  State.  The  pig  iron  made  In'  the  King's  Mountain  Iron 
Company,  in  York  District,  wa.<!  critically  examined  by  Mr.  Campbell, 
and,  in  his  opinion,  was  well  adapted  to  casting  cannon ;  but  he  assured 
us  that'nothing  b'ut  the  powder  test  could  be  ,relied  on  with  certainty, 
and  advised  that  a  lot  of  the  iron  should  be  sent  to -Richmond  to  be 
cast  into  cannon,  and  subjected  to  that  test.  Accordingly  ten  tons  were 
Bent,  and  we  had  the  promise  of  Col.  Gorgas  that  he  would  cast  and 
test  the  cannon.     The  defence  of  the  capital  tting  of  paramount  con- 


•  FOURTH  ST-:SSION.  '  713 

sideration,  the  test  was  not  made  for  some  time,  and  no  official  report 
has  jet  been  made  to  rae  ou  the  subject;  but  one  of  our  agents  who 
was  in  Richmond  at  the  time,  and  otlicrs  that  witnessed  the  experi- 
ment, inform  me  tliat  a  24poundor  was  cast,  bored  and  subjected  to  a 
sevcTO  and  unusual  test,  and  that  the  trial  was  highly  satisfactory  and 
established  beyond  doubt  that  the  iron  was  entirely  suitable  for  casting 
ordnance.  It  was  our  intention  to  bring  the  gun  to  South  Carolina  for 
the  use  of  the  State,  but  Col.  Gorgas  was  unwilling  to* spare  it,  and 
upon  his  proposing  to  pay  for  the  iron,  I  consented  that  the  Confederate 
Government  should  keep  it.  Mr,  Campbell  informed  me  that  there 
were  but  few  places  in  the  Confederacy  where  iron  suitable  for  cannon 
was  made,  and  that,  therefore,  it  was  of  great  importance  to  be  sure  of 
a  supply  of  such  iron.  Although  a  limited  quantity  of  this  iron  is 
now  made,  yet  if  necessary  it  can  be  largely  increased,  the  ore  being 
abundant  and  the  facilities  for  making  it  at  our  command..  The  im- 
pression that  iron  ore  which  makes  tough  malleable  iron  will  necessarily 
be  suitable  for  casting  cannob  is  an  errpr,  and  has  been  demonstrated 
to  be  so  in  many  instahces.  To  show  the  importance  of  having  proper 
iron  for  casting  cannon  it  is  only  necessary  to  state',  that  the  Confeder- 
ate Government  was  compelled  to  transport  iron  all  the  way  from  New 
Orleans  to  Richmond  to  mix  with  otlicr  iron  to  make  it  answer  the 
purpose. 

Greenville  Court  House  was  selected  as  the  best  place,  in  my  judg- 
ment, to  establish  the  "State  Works;"  after  consultation  with  our 
General  Superintendent,  a  gentleman  of  great  ability  and  very  conver- 
sant with  manufacturing  in  all  its  branches,  and  with  Mt.  Campbell, 
who  has  had  a  large  experience,  is  entirely  disinterested,  and  whose" 
opinion  therefore  is  entitled  to  great  respect.  The  reasons  in  detail  for 
the  selection  of  Greenville,  over  other  places,  have  been  already  given 
in  my  report  to  the  Governor  and  Council,  in  relation  to  the  location 
of  the  "  works,"  was  approved  by  them,  and  is  appended  to  this  report. 
Among  other  reasons,  Mr.  V.  Mcl^e  mad«  a  present  to  the  State  of 
twenty  acres  of  land  near  the  village  and  directly  on  the  railroad,  for 
which  he  had  refused  to  take  less  than  two  hundred  dollars  an  acre, 
and  for  which  gift  he  is  justly  entitled  to  the  thanks  of  the  State.  It 
was  important  that  the  "  works  "  should  be  located  immediately  on  a 
line  of  railroad  to  facilitate  the  trans])ortation  of  heavy  ordnance.  In 
fact,  ten  inch  Cclumbiads  and  other  heavy  guns  cannnt  be  transported 
in  any  other  way  withotit  immense  cost  and  labor.  It  was  desirable, 
other  things  being  equal,  to  locate  the  "  works  "  as  near  as  possible  to 
90-  " 


714  •  APPENDIX  TO  THE 

the  iron  works  from  which  the  supply  of  iron  was  to  be  furnished,  but 
to  do  so,  the  transportation  of  heavy  guns,  gun  carriages,  shot  and  shell 
down  to  Columbia  would  have  to  be  made  over  two  roads,  instead  of  a 
continuous  road  passing  directly  through,  and  so  of  the  coal  and  other 
things  necessary  for  the  works,  going  up  to  Greenville.  Besides,  the 
bridge  on  the  Spartanburg  &  Union  Railroad  is  not  regarded  as  safe  for 
very  heavy  freight,  and  might  give  way  at  a  time  when  it  would  be 
important  to  s«nd  heavy  guns  over  it.  It  is  true  the  value  of  the  iron 
will  be  enhanced  by  additional  transportation,  but  for  the  reasons  above 
given,  and  others  in  my  report  abuve  alluded  to,  this  is  more  than 
counterbalanced  by  the  advantages  enumerated. 

Soon  after  tlie  seleq^ion  of  the  site  we  commenced  puttfng  up  the 
necessary  buildings  for  a  foundry  and  work  shops,  and  considering  the 
•difficulty  of  procuring  materials  and  skilled  labor,  have  progressed 
rapidly.  In  the  meantime  temporary  work  shops  were  established  in 
Columbia  for  repairing  arms,  which  have  enabled  us  to  repair  and  put 
in  fine  condition  a  considerable  number  of  arms,  changing  old  flint  and 
steel  locks  to  percussion,  altering  bayonets  to  fit,  making  new'  stocks 
when  necessary,  and  also  making  a  large  number  of  pikes,  details  of 
which  you  will  find  in  the  report  of  the  General  Superintendent  accom- 
panying this  report. 

At  your  suggestion,  meeting  my  hearty  approval,  and  confirmed  by 
the  Council,  we  purchased  a  fine  lot  of  machinery  in  Charleston,  when 
the  city  was  seriously  threatened,  and  removed  it  to  Greenville,  even 
before  we  had  commenced  building  there.  If  the  city  had  been  c:ip- 
tured,  there  was  no  other  place  in  the  State  where  shell  or  shot  could 
be  immediately  cast,  and  if  the  machinery  in  the  city  had  been  lost, 
it  could  not  have  been  supplied  without  great  difficulty  and  at  an 
enormoHS  expense.  Eichmond  and  Nashville,'  Tennessee,  were  also 
seriously  threatened  and  in  "great  danger  of  capture.  New  Orleans, 
where  an  armory  was  in  operation,  was  in  danger,  as  its  subsequent 
capture  demonstrated.  At  thaiitirae  the  condition  of  affairs  was 
gloomy,  and  the  prospect  was  that  the  Confederate  Government  could 
not  supply  the  troops  with  arms  and  ammunition.  Under  these  cir- 
cumstances, and  with  the  danger  of  invasion  extending  even  into  the 
interior,  it  would  have  been  culpable  negligence  not  to  prepare  for  it, 
by  endeavoring  to  supply  ourselves  with  the  means  of  defence.  The 
first  arms  manufactured  were  pike.*^,  not  because  we  considered  them 
equal  to  the  rifle  or  musket,  but  because  they  were  made  more  rapidly, 
and  were  better  than  no  arms  at.  all,  and  may  yet  be  needed.  - 


FOURTH  SESSION.  715 

The  machinery  obtained  from  Charleston,  though  very  valuable,  was 
not  Sufficient  for  our  purposes,  but  through  the  indefatigable  exertions 
of  our  General  Superintendent,  Mr.  D.  Lopez,  we  succeeded  in  pro- 
curing the  machinery  removed  from  Nashville,  Tennessee,  when  the 
enemy  got  pos>ession  of  the  town.  This  machinery  was  estimated  to 
be  worth,  at  the  time  we  received,  it,  twenty-three  thousand  dollars 
($23,000);  at  the  present  rate  about  fifty  ^ler  cent.  more.  The  terms 
upon  which  we  received  the  machinery  were  very  favor;; li!e,  saving  the 
State  of  South  Carolina  from  advancing  money  at  a  tiiiie  when  thefe 
were  so  many  drains  upon  her  resources.  It  was  arranged  with  Gover- 
nor Harris  that  the  State  of  South  Carolina  should  take  the  machinery 
and  give  a  receipt  for  it,  subject  to  settlement  at  a  fair  price  at  the  end 
of  the  war.  Had  he  insisted  on  selling  it  to  the  State,  nad  required  a 
cash  payment  at  the  time^  it  would'  have  deprived  the  State  of  the  use 
of  money  necessary  for  other  purposes,  and,  what  is  worse,  the 
market  prfce  now  for  such  machinery  is  enormous. 

On  my  retirement  from  office  as  Governor,  the  State  had  on  hand 
over  one  hundred  pieces  of  ordnance  and  thirty-two  thou.s:ind  stand  of 
small  arms,  including  those  in  the  United  States  Arsenal  in  Charleston, 
which  we  could  have  at  any  time  commanded ;  and  exclusive  of  the 
public  arms  in  the  hands  of  the  militia,  many  of  which  had  been  re- 
cently issued,  and  some  of  them  of  the  most  approved  patterns;  so 
that  the  State  was  at  that  time  well  supplied  with  arras.  Since  then, 
up  to  November,  1801,  the  State  has  sent  to  Virginia,  in  the  hands  of 
her  troops  and  otherwise,  eleven  thoujsand  two  hundred  and  sixty  stand 
of  arms,  besides  a  considerable  number  of  swords  and  pistols.  Seven 
thousand  stand  have  also  been  sent  to  Florida,  Pensacola  and  Memphis, 
making  a  total  of  eighteen  thousand  two  hundred  and  sixty  sent  out  of 
the  State  ;  and  the. Confederate  Government,  upon  an  applicatio'n  of 
your  Excellency,  has  refused  to  return  those  in  their  possession,  leaving 
it  to  the  State  to  make  a  charge  for  them,  in  her  account  with  that 
Government. 

That  the^State  should  always  have  a  moderate  supply  of  arms  on 
hand,  cannot  admit  of  doubt.  My  opinions  on  that  subject  are  better 
expressed  than  I  can  express  them  in  the  report  made  by  Col.  E.  Mani- 
gault  txj  the  Ordnance  Board  on  the  21st  of  November,  1861.  He 
says :  *'  If  the  State  is  sovereign,  as  we  all  hold  she  is,  she  is*  sovereign 
as  well  in  war  as  in  peace,  and  for  warlike  as  well  as  peaceful  purposes. 
To  claim  sovereignty  without  the  readiness,  or  even  the  disposition  to 
defend  that  sovereignty  by  force  of  arms,  is  simply  absur*!.     It  is  the 


71G  APPENDIX  TO  TDE 

duty  of  the  State,  therefore,  to  retain  (he  means  of  defence,  and  not  to 
give  Bp'to  aiiy  other  power  whatever  all  her  niilitjiry  material,  and  in 
60  doing,  shift  from  her  own  shoulders  the  duty  and  labor  of  her  de- 
fcDCO.  It  took  thirty  years  for  South  Carolina  to  accumulate  the  ord- 
nance umti-ri.-il,  siiKill  though  it  was,  which  wa^  in  her  an-or.iil  when 
tho  troubles  began.  If  she  give  up  all  her  material,  when  will  bhe  bo 
ogain  Hupplic^I  ?  One  of  the  most  [>owerful  arguments  used  against 
the  StatL-'s  acting,  either  alone  or  in  coiipcration,  agaiuht  the  encroach- 
ments of  the  Federal  Government,  wj«  that  she  liud  not  the  material 
preparation  which  would  enable  her  ti>  i^upport  that  hostile  attitude. 
As  long  as  the  political  atuio>phcre  appeared  serene,  it  was  iujpossiblo 
to  induce  the  Legislature  to  make  appropriations  for  procuring  military 
material,  and  when  the  storm  appeared  there  was  no  time  for  it,  and 
the  Stiitc  wa9  warned  hy  those  opposed  to  action,  that  she  was  totally 
unprepared  for  war.  Against  a  recurrence  of  this  difhcully  I  wouM 
endeavpr  to  guard;  by  recommending  that  the  State  should  alwnjs  hnvo 
on  liand  one  hundred  pieces  of  heavy  artilhry,  of  the  most  approved 
pattern  and  manufacture,  about  eight  full  batteries  of  the  bc.>-t  field 
artillery,  and  ten  thousand  island  of  sniall  arms  for  infantry,  together 
with  a  proportionate  number  of  carbines,  jiistols  and  Kibres  for  the  use  of 
cavalry.  Tho  occurrences  (»f  this  summer  and  autumn  demonstrnto 
clearly  tliiU  tire  State  should  not  rely  entirely  upon  the  arms  of  tho 
Confederate  Government  for  her  protection  against  a   foreign    enemy." 

The  whole  amount  put  down  in  the  books  of  the  Chief  of  tho 
Treasury  as  chargeable  to  tliis  Department  up  to  the  loth  Au;:ust, 
(with  the  exception  of  647<)  (io,  with  which  the  Department  hacj 
nothing  to  do,  being  money  paid  I).  Lopes,  Esq.,  directly  by  the  Gov- 
ernor and  Council  before  the  Departracot  of  Construction  add  Manu- 
facture was  established,)  is  ?'Jv),-12  02.  This  includes  many  item.s 
jiot  properly  belonging  to  this  Department;  us  for  instance,  amount 
paid  for  cotton  cards  to  be  sold  at  cost  to  soldiers'  fainilie.<,  83,780;  cost 
of  removing,  bells  I'mm  the  city  of  Charleston,  when  the  city  was  in  danger 
of  capture,  81,704;  cash  paid  for  iron  to  make  spikes  for  the  Confed- 
erate gunboat  j^^nd  to  be  relunded  the  Slate,  $UX2  ;  cash  paid  for  bacon 
not  necessary  to  be  used  at  the  "works"  and  subject  to  the  orders  of 
the  Chief  of  the  Jlilitary,  say,  8o,000;  niaking  an  aggregate  of 
811,GGG.  . 

In  view  of  the  prooability  of  the  fall  of  Cl)attanooga,  Tenn.,  we  have 
accumulated  a  considerable  quantity  of  coal,  very  little  of  which  has 
been  used  up  to  this  time.      ^Ve  have  also  on  hand  a  considerable  quan- 


FOURTH  SESSION.  717 

tity  of  steel,  files,  iron,  copper,  brass  nnd  other  materials  for  the  manu- 
facture of  arms  and  luunitions  of  war;  wliich  will  make  the  outlay  fur 
the  rest  of  the  year  much  less  than  it  has  been  in  the  time  past<5  and 
we  have  already  saved  for  the  State  in  the  repairs  of  arms,  making 
pikes,  caissons,  battery  wajjons,  twenty-two  thousand  eight  hundred  and 
ninety-three  -dollars  (§22,893),  nil  of  which  will  appear  in  P^xhibit  B. 

The  expense  of  carrying  on  the  "State  Works"  has  Dcen  necessarily 
very  considerable,  owing  to  the  high  prices  for  skilled  labor,  material 
and  provisions.  Iron,  steel  and  many  other  articles  are  sold  at  more 
than  quadruple  the  prices  formerly  paid  for  them,  and  w«  have  been 
compelled  to  purchase  files  and  other  essential  articles  that  run  the 
blockade,  at  whatever  prices  were  askrd  for  them.  When  it  is  recol- 
lected that  rifles  which  sold  for  fifteen  dollars  before  the  blockade,  have 
been  lately  sold  for  seventy  dollars,  and  cannon  powder  which  heretofore 
Bold  for  twenty  or  twenty-five  cents  a  pound,  has  fccently  sold  for  twq 
dollars  and  twenty-five  cents,  ^ome  idea  may  be  had  of  the  cost  of 
materials  which  have  run  the  blockade  or  have  been  enhanced  in  value 
by  it. 

By  the  first  of  October  the  "Works"  will  be  in  condition  to  cast 
shot  and  shtll,  and  soon  after  that  time  to  cast  cannon.  No  small  arms 
will  be  made  in  less  than  six  or  seven  months  unless  the  exigencies  of 
the  service  should  require  them  ;  in  that  event  by  multipl3ing  1;  bor 
without  regard  to  its  profitable  employment,  the  uianufacture  of  small 
arms  can  be  commenced  much  sooner.  It  must  be  remembered  that 
the  same  hands  to  a  considerable  extent  necessary  to  carry  on  a  foun- 
dry and  work-shops,  can  at  the  same  time  make  the  machinery  and  tools 
necessary  to  manufacture  small  arms;  and  in  that  way  the  Vork  can  be 
done  much  cheaper  than  by  employing  Rands  exclusively  to  mak.c  ma- 
chinery aud  fit  up  tonls  fur  small  arms. 

It  is  not  cootcmplated  to  establish  a  first  class,  armory  like  the  one  at 
Springfield  or  Hichmond,  but  upon  a  scalf  commensurate  with  State 
means,  and  which  may  be  increased  if  necessity  should  require  it.  If 
the  war  should  continue  for  some  time,  aud  more  especially  if  tho 
blockade  of  Southern  ports  hhould  become  so  efl"cctive  as  to  prevent 
further  importation  of  arms,  it  will  be  absolutely  nece.ssary  for  everjr 
armory  that  can  be  put  in  operation  to  be  engaged  in  the  manutacture 
of  small  arms;  and  even  if  the  war  should  end  in  a  short  time,  we 
will  to  a  considerable  extent  be  corapellcd  to  keep  up  our  military  or- 
ganization and  keep  arms  in  the  hands  of  our  people  to  be  at  aU  times 
prepared  to  repel  the  aggression  of  bad  neighbors. 


718  APPENDIX  TO  THE 

With  an  armory  to  keep  the  State  at  all  times  supplied  with  good 
arms,  and  with  the  materials  for  makintj  gunpowder  at  our  command, 
we  may  feel  confidence  in  our  means  of  defence.  The  saltpetre  plan- 
tation near  this  city,  established  by  the  Governor  and  Council,  and  in 
charge  of  tlie  Chief  of  the  Military  Department,  promises  to  supply 
that  indispensable  article  in  quantities  sufficient  for  our  purpose,  and 
can  be  increased  at  pleasure.  Sulphur  can  be  obtained  ^'rom  several 
places  in  the  State  at  small'  cost,  and  willow,  the  only  other  material 
necessary  for' the  manufacture  of  powder,  carr  be  obtained  all  over  the 
State. 

The  manufacture  of  salt,  though  properly  belonging  to  my  Depart- 
ment, was  put  under  the  charge  of  the  Chief  of  Justice  and  Pqlice, 
before  my  Department  was  established,  and  has  never  come  under  my 
supervision. 

We  had  under  our  control  and  in  our  possession  a  large  quantity  of 
lead  received  from  various  parts  of  the  ^tate,  some  by  gift  and  some 
by  purchase,  but  the  pressing  wants  of  the  Confederate  Government 
have  induced  us  to  turn  over  to  it  a  large  portion  of  the  lead.  A  great 
deal  yet  remains  in  several  of  the  upper  Districts  in  the  shape  of  pipes, 
which  the  patriotic  owners  hold  subject  to  the  call  of  the  State  when- 
ever it  is  necessary  to  have  it.  It  has  not  been  removed,  as  it  woul.d 
be  very  inconvenient  for  the  parties  to  do  without  it,  being  used  to 
conduct  water  to  their  dwellings,  and  it  was,  therefore,  thought  advisa- 
ble to  let  it  remain  until  the  emergency  required  its  removal  and  use 
by  the  State. 

Upon  the  application  of  Capt.  D.  N.  Ingraham,  of  the  Confederate 
States  Navy,  I  had  made  and  Supplied  him  with  spikes  for  the  iron 
clad  gunboat  in  his  charge,  an'd  1  have  received,  through  the  Superin- 
tendent, payment  for  them. 

The  instructions  qf  the  Governor  and  Council,  directing  me  to*  pur- 
chase a  lot  of  cotton  cards  at  a  price  not  exceeding  four  dollars  and 
fifty  cents  a  pair,  and  sell  them  to  the  families  of  soldiers  at  cost,  dis- 
tributingthem  in  the  districts  whera  they  were  most  needed,  according 
to  the  ratio  of  the  white  population,  has  been  attended  to  and  partial 
returns  of  sales  have  been  made  to  we.  To  cover  the  expense  of  freight 
and  other  charges,  the  price  was  fixed  at  four  dollars  and  seventy-five 
cents  a  pair.  Same  of  the  cafds  were  slightly  damaged  in  reaching 
their  destination,  and  a  few  of  the  persons  to  whom  they  were-  sent 
report  each  one  pair  missing,  but  as  twenty-five  cents  is  more  than  the 
actual  cost  of -freight  per  pair,  and  no  charge  has  as  yet  been  made  for 


FOURTH  SESSION.  .719 

selling,  it  is  believed  that  the  State  will  sustain  no  loss.  The  wisdom  of 
the  measure  is  fully  justified  by  the  call  for  more  on  all  hands,  and  the 
assurances  that  what  was  disposed  of  has  done  much  good,  and  by  the 
fact  that  factory  yarn  has  doubled  in  price  in  the  last  six  months,  and 
i^  almost  beyond  the  reach  of  the  poor  to  purchase. 

,  For  a  more  detailed  account  of  the  operations  of  this  Department,  I 
refer  your  Excellency  to  the  Exhibits  marked  A.  and  B.,  and  the  Report 
of  the  General  Superintendent  accompanying  this  report. 
All  of  which  is  respectfully  submitted, 

WM.  n.  GTPT, 
•  Chief  of  Construction  and  Jlami/actuic. 

Note. — I  have  been  Unable  to  obtain  my  report  to  the  Governor  and 
Council  in  relation  to  the  establishment  of  the  State  Works  at  Green- 
ville. It  was  ordered  to  be  filed,  but  the  then  Secretary,  Col.  F.  J. 
Moses,  cannot  find  it.  WM.  H.  GIST. 


720  APPENDIX  TO  THE 

EXHIBIT  A.  . 

W.  II.  Gi'sf  in  account  loilh  Trenmn/  IJepartmeut  for  Cash  received 
on  account  «>/  Department  of  (  onstruction  anif  Manufacture,  and 
other  purposes,  to  Ibth  of  August,  186^.     ,* 

To  cash  to  date  as  fw^' accpunrH^* vi '.± ". $95,208  02 

By    amount    reccive'dr  and    aatgpuMt^,  for 'by 

General     Superintendent    of     the     State 

.*  ♦       • 

Works     in     his     account    rcndorcd    and     .       ; 

'shown    in    paper    No.  3,  attached    to  \\\%  -'^ 

report..., /88^,539  92 

]'aid  Freight  on  Machinery  and  Stock "1,241   31 

"     for  Steel (593  01 

*'     S.  Bobo  for  Iron 982  50 

"     one  double  barrelled  gun 30^00 

"     for  Coal .' 3,184  88 

"     for  Pike  Staves 854  5') 

889,526  12 
Disbursement  for  Sundries  not  connected  icilh 
Department  of   Construction   and  Manufac- 
ture. 

For  Cotton  Cards $3,786  65 

"    taking      down      and      removing^ 
Church    Bells   from    Charleston 

•  to  Columbia 1,704  75 

*'    Desk  for  Office '18  00 

"    Lead 172.50— S5,G81  90 

895,208  02 


FOURTH.  SESSION.  •  721 

EXHIBIT  B. 

Statement  qf,  value   of  Work  done  and  comprised  in  Paper  Ko.  1  of 
the  Report  of  General  Superintendent  of  State    Word's. 

Altering  to  percussion,  repairing  and  cleaning  1,620  muskets, 

at  S8  per  musket $12,960 

Ilepairing  and  cleaning  239  rifles,  carbines  and  double-barrel 

puns,  and  874  bayonets .' 817 

Building  six  caissons  and  limbers  complete 3,600 

l^uilding  one  battery  wagon 750 

1,000  pikes .'....! 3,000 

Spikes  for  gunboat,  for  Capt.  Ingrabam 1,766 

§22,893 


&1 


722  *  APPENDIX  TO  THE 


REPORT  OF  THE  GENERAL  SUPERINTENDENT  OF  THE 
STATE  WORKS. 

Office  General  Superintendent  State  Works, 
Greenville,  August  15,  1862. 
Hoji.'W.  H.  Gist,  Chief  of  Construction  and  Manufacture  : 

Sir  :  In  accordance  with  your  directions,  I  h>3rewith  beg  leave  to 
report  that  under  instructions  from  Col.  J.  Chesnut,  Jr.,  Chief  of  the 
Department  of  the  Military,  received  February  25th,  1862, 1  purchased 
all  the  machinery  and  stock  which  was  available  and  suitable  for  the 
purposes  indicated  in  said  instructions. 

At  that  time,  the  impression  prevailing  that  Charleston  would  be 
immediately  attacked,  it  was  deemed  advisable  to  place  it  all  beyond 
danger,  so  as  to  secure  to  the  State  the  ability  to  manufacture  such 
articles  as  might  be  essential  to  her  defence,  should  what  was  in  Charles- 
ton be  destroyed  or  abandoned. 

With  that  view,  it  was  immediately  removed  to  Columbia,  there  to 
await  the  decision  of  the  Governor  and  Council  as  to  a  suitable  location. 
After  some  delay  in  discussions  and  examinations,  I  was  directed  to 
locate  the  works  on  a  tract  of  land  donated  to  the  State  by  Vardry 
McRee,  Esq.,  adjoining  Greenville,  and  directly  on  the  line  of  the 
Greenville  and  Columbia  Railroad.  I  commenced  to  clear  the  Uxnd  on 
the  20th  day  of  March,  and  erect  buildings  to  accommodate  the 
laborers.  Prior  to  that  period,  by  your  direction,  I  established  in 
Columbia,  in  the  workshops  connected  with  the  "  New  State  House," 
a  temporary  shop  for  repairs  and  "alteration  of  small  arms  belonging  to 
the  State.  This  work  was  immediately  commenced,  and  from  that  time 
has  been -in  successful  operation,  repairing,  altering  and  cleaning  arms, 
manufacturing  pikes,  caissons  and  battery  wagons,  statement  of  which 
is  embodied  in  paper  No.  1  accompanying  this  report.  At  the  same 
time,  the  machinists  and  blacksmiths  were  employed,  until  their 
removal  here,  in  doing  such  work  as  was  necessary  to  the  construction 
of  workshops  in  progress  at  this  place.  'I'he  unusual  wet  season,  added 
to  the  scarcity  of  labor  in  the  country,  very  much  retarded  the  progress 
of  building  for  want  of  materials,  but  now  that  the  crops  are  laid  by, 
atyl  the  labor  of  the  country  seeking  empluymeut,  I  am  receiving  such 


FOURTH  SESSION".  '  723 

as  are  necessary  to  their  completion,  and  hope  soon  to  have  thera  all 
finished,  and  give  my  undivided  attention  to  manufactures. 

.When  Nashville,  Tennessee,  was  evacuated  by  the  Confederate 
authorities  in  April  last,  a  part  of  the  machinery  and  stock  was  saved 
from  the  armory,  which  thaK  State  had  commenced  to  establish,  and 
carried  to  Atlanta,  Georgia.  I  opened  a  correspondence  with  Governor 
Harris,  and  found  that  the  State  of  Tennessee  would  place  at  the  dis- 
posal of  this  State  all  the  machinery  and  stock  saved.  By  direction  of 
the  Governor  and  Council,  I  proceeded  to  Atlanta  and  succeeded  in 
obtaining  it  all.  Governor  Harris  directed  his  agents  to  turn  it  all 
over  to  the  State  of  South  Carolina,  subject -to  future  settlement.  As 
agent  of  the  State  I  received  it,  arrd  secured  the  services  of  such  work- 
men as  had  been  engaged  in  the  Nashville  armory  and  workshops, 
removed  the  machinery  and  stock  to  this  place,  the  workmen  to  the 
shops  in  Columbia  to  be  employed  in  altering  and  repairing  small  arms, 
while,  at  the  same  time,  I  commenced  erecting  a  shop  at  these  works 
to  receive  and  put  in-  operation  the  machinery.  Paper  No.  2  is  an 
inventory  of  all  articles  received  from  the  State  of  Tennessee,  and  I 
refer  you  to  my  report  under  date  of  May  1st,  1862,  for  the  full  par- 
ticulars relating  to  that  subject. 

The  workshop  for  this  department  is  completed,  the  machinery  set 
up  and  in  operation ;  much  of  it  was  injured  and  sovae  parts  lost,  in  its 
removal  from  Nashville,  and  some  had  never  been  completed,  which 
have  been  repaired,  replaced  and  completed,  and  I  am  now  makinc 
and  obtaining  what  new  mfachines  are  necessary  to  commence  manu- 
facturing arms. 

Desirous  of  putting  to  immediate  use  the  skilled  labor  brought  from 
Atlanta  with  the  machinery,  I  have  necessarily  been  retarded  in  com- 
pleting those  shops  which  were  necessary  in  carrying  out  the  original 
intention  of  these  works;  that  being  now  accomplished,  it  is  not  in- 
tended to  permit  the  small  arm  factory  to  do  so  in  the  future,  but  to 
make  that  branch  as  far  as  practicable  separate  and  distinct,  the  inten- 
tion being  to  put  it  upon  such  a  basis  as  will  enable  the  State  to 
manufacture  arms  to  a  limited  extent  at  first,  but  so  arranged  that  the 
facilities  can  be  increased  at  any  future  time. 

I  have  of  the  land  donated  to  the  State  enclosed  a  space  of  six  hun- 
dred by  seven  hundred  feet,  and  have  now  erected  a  Tjarpenters'  shop 
one  hundred  feet  bji' forty  feet,  with  suitable  machinery  for  constructiri" 
field  and  siege  gun  carriages,  caissons,  battery  wagons,  forges,  sabots, 


724  APPENDIX  TO  THE 

tents,  and  all  other  articles  necessary  for  field  uses.  It  is  driven  by  a 
twenty-five  horse  power  engine,  and  is  in  operation  at  present  in  pushing 
to  completion  our  works,  and  will  soon  be  used  in  manufacturing  the 
articles  relerred  to.  I  have  orooted,  as  before  stated,  a  shop  for  the 
small  arm  machinery,  one  hundred  by  firf"ty  feet,  and  have  that  in 
operation,  driven  by  an  engi-ne  of  fifteen  to  twenty  horse  power. 
Another  machine  shop  is  completed,  cfrie  hundred  by  fifty  feet,  and  the 
machinery  for  the  heavy  work  is  pow  being  placed  in  it,  to  be  driven 
by  an  engine  of  thirty  hor.«e  power  now  to  place.  I  expect  to  havo 
this  shop  in  full  operation  in  three  or  four  weeks.  The  blacksmith 
shop,  one  hundred  feet  by  fifty  feet,  is  up  and  occupied,  it  contains 
eighteen  forges,  with  space  for  twenty  more;  it  is  supplied  with  three 
trip  hammers,  nearly  completed,  two  for  welding  gun  barrels,  and  one 
larse  one  for  heavy  smithwork  generally.  This  slwp  adjoins  the 
foundry,  which  is  of  brick,  one  hundred  and  fifteen  by  fifty-five  feet, 
twenty-eight  feet  high ;  this  building  is  all  completed,  but  the  roof  has 
been  delayed  for  lumber,  which  I  am  now  receinng. 

On  the  premises  are  also  erected  an  ofl&ce  forty  by  twenty  feet,  a 
store  house  sixty  by  twenty-five  feet,  a  smoke  house,  forty  by  eighteen 
feet,  an  iron  receiving  and  store  house,  thirty-five  by'  sixteen  feet,  a 
living  house  for  negroes,  sixty  by  sixteen  feet,  a  hospital,  three  kitchens, 
and  stables,  tool  house,  &c. 

The  water  arrangements,  which  are  near  completion,  consist  of  an 
ample  well,  yielding  a  full  supply,  the  water  from  which  is  forced 
throuirh  wooden -pipes,  six  hundred  feet  in  length,  to  the  highest  .point 
of  the  lot,  obtaining  a  head  of  forty  feet;  it  is,  received  in  a  brick 
reservoir  containing  three  thousand  five  hundred  gallons,  built  under- 
"round,  and  from  thence  conveyed  to  the  various  workshops.  On  the 
premises,  at  various  points,  hydrants  are  jilaced  to  deliver  water  for 
Cicneral  purposes,  but  more  especially  for  .suppressing  fires,  which,  with 
the  aid  of  an  excellent  fire  engine  borrowed  from,  the  Vigilant  Fire 
En<rine  Company  of  Charlc-ton,  will  be  a  valuable  acquisition  to  these 
works. 

There  are  engaged  at  .these  works  on  this  day  one  hundred  and  forty- 
three  hands,  of  which  fifty  are  white  workmen. 

For  amount  of  cash  received  and  disbursed  to  date,  I  refer  you  to 
paper  No.  3.     •  , 

A  laro-e  number  of  miscellaneous  arms,  all  of  them  irreparable,  have 
been  turned  ovec  to  these  works  from  the  State  Arsenal.     Preparations 


FOURTH  SESSION.  725 

are  making  to  put  them   in  good  condition  for  the  use  of  the  dificrent 
branches  of  the  service,  which  they  may  prove  suitable  to. 
Very  respectfully, 

DAVID  LOPEZ, 
General  Superintendent  State  ]l:o?7.-s. 


No.  1. — Statement  of,  Work  done  at  shops  in  the  New  State  ] louse 
Yard,  Columbia^  S.  0. 

Muskets,  repaired  and  altered  to  percussioa .^ IQ'J.0 

Rides,  repaired  and  altered  to  percussion 211^ 

Carbines,  repaired  and  altered  to  percussion • 2     ' 

Double-barrel  guns,  repaired 2-1 

]jayonets» 874 

Cais3<ins,  with  limbers,  spare  wheels  and  poles  complete G 

Battery  wagon,  with  limber 1 

Pikes  and  staves 1000 

Gunboat  spikes  made  for  Capt.'  D.  N.  lugrahani 4^  tons 

State  Works,  Gref.nvii.le,  S.  C,  August  15th,  1862. 


726  APPENDIX  TO  THE 

No.    2. — Inventory   of    Machinery,    Tools   and    Stock    of    Tennessee 
Armory,  Atlanta,  March,  1862. 

1  Hand  Lathe.  . 

1  .6  foot  Engine  Lathe,  complete. 

1  lOJ  "       "         "■  " 

1  14    "       "         "         unfinished  and  under  construction. 

JL  12    "       "         "         complete. 

\  I'O'footsetof  Ways. 

1  Breeching  Machine. 

1  Milling  Machine,  incomplete. 

1  Compound  Planer,  complete. 

1  Drill  Press,  complete. 

1  Planer  without  table. 

1  8  Spindle  Drill  Press,  complete. 

Parts  of  Profiling  Machine.  " 

1   Punch  and  Shear,  complete. 

1  Bolt  Header  and  Dies,  incomplete.  •  < 

1  Gear  Cutter,  complete. 

7  Arbors  or  Boring  Bars. 
■    10  Sets  Overhead  rig,  complete. 

6584  lbs.  Shafting  and  Pulleys. 

1  (Old  man)  Drill  Stand. 

3  Hangers  for  Counters  (casting),  103  lbs.  to  809  lbs. 
"  17       "         "  Main  Shafting,  1,571  lbs.  ^ 

5         "         (without  boxes)  51  lbs.  to  255  lbs. 

1  Overhead  rig  for  Gear  Cutter,  complete. 

5  Legs  for  Drill  Lathes,  36  lbs.  to  180  lbs. 

Parts  of  old  Milling  Machine,  995  lbs. 

1  Grind  Stone  Frame,  complete,  374  lbs. 

3  Polishing  Heads,  complete.  *.    ^ 

2  Rifling  Kolls  apd  Stands. 

1  Fixture  for  holding  barrels  to  mill  cone  scats. 
Parts  of  Lathes  (some  work  d«ne),  cast  iron,  101  lbs. 
17  Beneh  Vices,  wrought  iron,  965  lbs. 
5  "  ''       cast  iron,  261  lbs. 

Wire,  all  sizes,  some  cast  steel,  18-1  lbs. 
Cast  Steel,  6,600  lbs. 
Blister  Steel,  450  lbs. 
Block  Tin,  80  lbs. 


FOURTH  SESSION.  727 

Inventory  of  Machinery,   Took  and  Stock. — Continued. 


Brass  and  Copper,  170  lbs. 

1  Gig  for  Lock  Frames  Drilling. 

5  Hack  Saws. 
12  Gig  Saws. 

2  Hack  Saw  Frames. 
IS  Doz.  Gun  Wipers. 

1  Stand  for  Drillteg  Ramrods. 

6  Sets  Stocks  and  Dies. 

1.84  Taps,  all  sizes,  from  l\  to  1  3-16. 
1  Case  Drafting  Tools. 
1  Alphabet. 
1  Set  Figures, 
1  2  feet  Standard  Scales. 
1  Gig  and  W\\\  for  Stirrups. 
1  Gig  and  Mill  for  Main  Spring  Pivots. 
1  Ratchet  Drill. 
•  19  Dogs. 
60  Bench  Hammers. 
40  Monkey  Wrenches. 

7  Draw  Knives. 
19  Iron  Braces. 

ii4  Hand  Vices  (16  with  handles). 

lOG  Screw  Drivers. 

30  Pairs  Pliers. 

462  Sheets  Sand  Paper. 

280       "      Emory  " 

43  Bits. 

1  Patent  Brad  Awl. 

2  "         "     and  Handles. 
14  Chisel  Handles. 

3  Smooth  Planes. 
1  Jack  Plane. 
103  Cones  (small). 

300       "      (Government). 
,  1  Gig  for  Filing  Tumblers. 
1  Stamp,  "Tennessee  Armory." 
1   Hand  Saw. 
1  Copying  Press. 


728  APPENDIX  TO  T^E 

Inventory  of  Machinery,   Tools  and  Stock. -^-Contimied.  ' 

1  Gun  Gauge,  brass. 
110  Drills.  ' 

18  Learners. 
25  Kose  Bits. 

11  Cherries.  ' " 

14  Drill  Sockets. 

2  Tumbler  Punches.  • 
2         "       Mills-. 

•     10  Counter  Boxes. 

5  Boring  Arbors. 

12  Cast  Steel  Centres  for  New  Lathes, 

6  Rests  for  Lathe». 
2  Drill  Sockets. 

1  6  in.  Fainnan  Chuck. 

1  Set  Mills  for  Milling  Tumblers,  5  in.  set. 

1  "       "      •*       "         Lock  Frame,  14  in.  set  (top  and  bottom). 

1  "       "      ^'       "         Main  Springs,  5  in.  set  (sides). 

1  *'       '*      "     •  "         not  finished,  11  in. -get  (top  antl  bottom). 

7  Plain  Mills. 

1  Mill  for  Key  Scats. 

15  Unfinished  Mills. 

8  Arbors  for  filling  Machine. 

]2  Sets  tTaws  for  Milling  Machine  (two  sets  cast  steel). 

5  Handles  and  Stands  for  Milling  Machines. 
4  Sets  Jaws  "         "     .        " 

2  "     Jumpers  and  Dies  for  forging  Tumblers. 
17   Hand  Tools  and  Handles. 

62  Turning  Tools  (Engine  Lathe). 

1  Index  Head. 

.  1 1  Tap  and  Breeching  Wrenches. 

2  Koees  for  Planers. 

6  Emory  Wheels. 
40  i  lbs.  K?heet  Brass. 

2  Stnnds  and  Tools  for  percossioniDg  old  gniw. 
2  Papers  Brads.  -. 

o  Gross  Screws,  f . 
y       85  lbs.  Small  Nuts. 
12  Bench  Brushes.. 


FOURTPI  SESSION.  729 

Inventory  of  Machinery,   Tools  and  Slock. —  Continued!. 

15  Cone  Wrenches. 

75  Back  Action  Locks.  ' 

60  Common  Locks  (llifle). 

4  Old  Musket  Locks. 

20  Sets  Trigf^'ers  for  Rifles. 

G5  Machine  Oilers* 

35  Tin  Lamps. 

74  Paint  Brushes. 

4  Stripfng  Brushes.  ' 

7  Parallel  stripes  for  Planers. 

56  Tumbler  Pins  (turned). 

12  Lathe  Wrenches. 

1  Grindstone  Shaft  (turned). 

1  Lot  Bolts  and  Nuts. 

1  Chuck  for  holding  Lock  Frame  to  take  cut  on  sides. 

2  Soldering  Irons. 

1   Clamp  and  Cutter  for  Cherries. 

49  Main  Springs  for  repairing  Old  Guns. 

140  Lock  Frames,  milled. 

H3  Strips  for  Stirrups  (cast  steel). 

20  Bench  Oil  Pots. 

70  lbs.  Babbit  and  Type  Metal. 

85  lbs.  Lead  (old  pipe). 

400  Ferrules  for  File  Handles.  •  , 

628  Musket  Flints.       * 

1  Jimper  Stand  for  forging  Locks. 

2  Sets  Jumper  Stands  for  forging  Locks. 

1  "         *'  «<       u         i(      Tl'iggers. 

2  '''        "  "       "         "      small  work. 

1  Roll  File  Card.  •  ^ 

1  Tin  Box  for  small  articles. 

3  Pieces  Lace  Leather. 

2  Gig  Saws. 

2  Pieces  Sheet  Steel. 

6  Pairs  Strap  Hinges. 

9  Drawer  Locks. 

150  CarrLige  Bolts,  2  to  6  in. 

1  Counter  Shaft  (turned,  30  lbs). 


730  APPENDIX  TO  THE 

6  Oil  Stones. 

13  Anvils,  105  to  150  lbs. 

6  131acksnuth's  Sledges. 
25  pr.     "  Tongs. 

8-  "  Set  Ilauimers. 

0  "        "  Swedgcs. 
J  9           "           Chisels. 

1  Level. 

7  Screw  Plates. 

S  Steel  Punches. 
4  prs.  Fullers. 
3  Hand   Hammers. 
•  2112   ft.  New  Leather   Belting,  assorted  sizes,  1  to  12  in. 
507J    "    Old         "  «'  "  "     2  to  13^  in. 

03        "    Gum  Belting,  31  and  6  in. 

9  dcz.  Gun  Wipers. 

7  gross  Knitting  Pins,  lis  to  14s. 

10  puper.s  Finishing  Nails,  1  to  2  J  in. 
4^  lbs.  Beeswax. 

78  87-144  gross  assorted  Gimlet  Screws. 

348  9-12  doz.  assorted  Files. 

43  patterns  for  parts  of  Machines  and  tools. 

8  doz.  Chisel  Handles  and  1  lot  Core  Boxes  for  patterns. 
5U0  lbs.  Einorj. 


FOURTH  SESSION.  ,  731 

No   3 — Statement  of   CaxJi  received  and  expended 

Received  from  Treasury  Department  to  date $82,539  92 

"            "     J.   M.   Eason,  Superintendent,  for  iron  fur- 
nished liim  for  Gunboat 518  11 

"            "     Capt.  D.  H.  Ingraham,  for  spikes  for  Gun- 
boat      1.766  06 


$84,824  09 

Paid  fur  i\rac'liincrv  and  Tools $18,946  01 

''       iiuildiiig  Materials 5,617  44 

''       Htock 29,350  02 

"        Trovisions A....     6,001  40 

''        Salaries  and  Pay  Rolls 19,634  06 

''       Incidental  expenses 1,764  94 

Balance  on  hand , 3,509  32 

$84,824  09 

State  "Works,  Grt;enville,  S.  C,  August  15th,  1862. 


732  APPENDIX  TO  THE 


RESOLUTION 

In  relation  to  tlie  admission  of  non-slaveholding  States. 

Resolved,  That  this  Convention  havinp^,  at  its  present  sessions,  suffi- 
ciently exprcs.sod  its  views  in  relation  to  the  admission  of  non-slavehold- 
ing States  into  the  Confederacy,  and  regarding  the  powers  and  duties 
of  the  Confederate  Government,  and  having  undergone  no  change  of 
sentiment  in  relation  thereto,  deem  it  unnecessary  to  enunciate  any 
further  expression  of  opinion  touching  the  same.  . 


FOURTH  SESSION.  » 733 


REPORTS  OF  THE  COMMITTEE  ON  THE   CONSTITUTION. 

» 

The   Committee  on  the   Constitution,  to  whom  was  referred  "An 

Ordinance  to  repeal  an  Ordinance  to  suspend  certain  parts  of  the  Con- 
etitution  of  .the  State  of  South  Carolina,"  report  : 

That  they  have  considered  the  same,  and  deem  any  action  on  the 
subject  inexpedient,  and  they,'  therefore,  recommend  that  the  Ordi- 
nance be  not  adopted. 

Respectfully  submitted,  D.  L.  WARDLAW, 

Chairman. 


The  ComiTuttee  on  the  Constitution,  to  whom  was  referred  an  Ordi- 
nance to  amend  the  thirteenth  section  of  the  first  Article  of  the  (Con- 
stitution, report : 

That  they  have  carefully  considered  the  same,  and  without  express- 
ing any  opinion  on  the  merits  of  the  principle  of  the  measure  proposed, 
they  deem  it  inexpedient,  at  present,  to  act  upon  the  subject,  and  they 
therefore  recommend  that  the  Ordinance  do  not  pass. 

Respectfully  submitted,  t).  L.  WARDLAW, 

Chairman. 


734 .  APPENDIX  TO  THE 


KEPOUT  OF  THE  SPECIAL  COMMITTEE  OF  TWENTY- 
ONE. 

The  Coiiiniittee.to  wboui  \ras  referred  the  comnmnication  of  liis  Ex- 
cellency tlie  Governor,  transmitting  the  record  of  all  the  proceedings  of 
the  Governor  and  Council,  had  prior  to  the  present  sessioti  of  the  Con- 
vention, together  with  the  reports  of  the  several  members  of  the  Coun- 
cil, and  certain  military  corrospond^cnce  between  his  Excellency  and 
the  President  of  the  Confederate  States,  the  Generals  commanding  the- 
_army  in  this  State,  and  other  persons,  respectfully  report : 

That  the  matter  thus  referred  has  received  the  careful  consideration 
which  its  importance  demands.  The  Committee  have  discovered  noth- 
ing in  the  proceedings  of  the  Governor  and  Council  which  seems  to 
them  to  require  any  special  action  on  the  part  of  the  Convention  in  the 
■way  of  repeal,  modifac-ition  or  animadversion  ;  while  it  is  not  designed 
hereby  to  express  an  approval  of  aH  these  proceedings.  The  duties, 
growing  out  of  the  exigepcics  of  public  affairs,  which  have  devolved 
upon- the  members  of  the  Council,  have  been,  exceedingly  various  and 
laborious,  and  have  been  discharged  wrth  signal  diligence,  ability  and 
success,  and,  in  the  judgment  of  your  Committee,  with  an  exclusive  re- 
gard to  the  public  welfare,  "j'hese  gentlemen 'have,  as  their  record 
shows,  devoted  themselves  at  great  personal  sacrifice,  and,  too  often, 
amidst  discouragements  (the  causes  of  which  are  unfolded  in' some  of 
the  reports)  ii;ortifying  to  the  patriot,  to  meet  the  extraordinary  de- 
mands which  the  peculiar  condition  of  the  State  has  made  upon  the 
Executive  authority.  The  de''eace  of  Charleston  and  of  the  entrance 
to  Georgetown ;  the  survey  and  exploration  of  sundry  routes  of  4iccess 
for  the  enemy  to  the  interior  of  the  State,  and  the  obstruction  of  such 
access  thereby;  the  efficient  reorganization  of  the  military  when  once 
and  again  thrown  into  confusion  by  the  action  of  the  Confederate  Gov- 
ernment ;  the  procurement  and  distribution  of  arms  and  munitions  of 
war,  ordnance  and  ordnance  stores,  clothing  and  provisions  and  medical 
stores  for  the  soldiers;  the  organization  of  negro  labor,  when  called  for 
by  the  military  authorities  of  the  Confoderate.  States,  with  a  view  to 
render  the  service  required  as  acceptable  as  possible  to  the  public;  the 
preservation  of  internal  order  and  the  repression  of  those  various  cxhi- 


FOURTH  SESSrOX.  73) 

bltions  of  selfisliness  wliich  iajperil  the  j)ubHc  safety ;  with  a  great  va- 
riety of  other  subjects  of  public  concern,  have  in  turn  eutiajicd  tlicir 
attention  and  enlisted  tlieir  labors..  By  the  services  which  tliey  have 
thus  rendered,  they  have  placed  the  State  under  obligations  which  those 
only  can  appreciate  who  have  had  the  opportunity  qf  examining  their 
records.  In  the  discharge  of  their  duties  they  have  been  greatly  aided 
by  sundry  public  spirited  and  patriotic  gentlemen,  who  are  named  in 
the  several  reports  of  the  Chiefs  of  Departments,  and  to  whom  the  pub- 
lic aekuowledgmcnts  of  the  Conventionare  due. 

Your  Committee  have,  by  their  examination  of  these  papers,  been 
deeply  impressed  with  thd  conviction  that  the  ordinary  powers  of  the 
Executive  would  have  been  entirely  inadequate  to  eifect  tiie  objects  to 
which  the  labors  of  the  Council  have  been  directed,  and  that  the  estab- 
lishment of  such  a  body,  with  the  extraordinary  powers  conferred  upon 
it,  was  required  by  the  condition  of  the  country  and  the  exigencies  of 
the  times. 

Your  Committee  are  of  opinion  that  the  publication  and  circulation 
of  the  severar reports  of  the  Chiefs  of  Departments  which  .have  been 
submitted,  are  due  to  the  people,  the  Convention  and  the  Council,  and 
they  so  recommend^  with  the  reservation,  however,  to  the  Chief  of  the 
Military  Department  of  the  right  to  revise  his  report  and  omit  such 
portions  as,  in  his  judgment,  it  might  be  impolitic  to  make  public.  In 
advit;ing^the  publication  and  circulation  of  the  report  from  the  Depart- 
ment of  Justice  and  Police,  the  Committee  do  not  design  to  express 
any  opinion  upon  the  question  whether  any  limitation  can  be  imposed 
upon  the  power  of  a  Convention  of  the  People  assembled  under  our 
State  Constitution  by  the  Act  of  the  Legislature  which  calls  it  together. 
Into  this  question  it  is  needles"s  now  to  enter,  for  it  seems  plain  to  the 
Committee  that  every  act  of  this  Convention  and  of  those  who  have 
acted  under  its  authority,  which  is  mentioned  in  the  report  from  this 
Department,  is  embraced  within  the  scope  of  the  Act  of  the  Legislature 
which  provided  for  the  election  of  Delegates  to  this  Convention.  The 
arguments  contained  in  this  report,  especially  those  in  Part  L,  sustaining 
this  construction  of  the  Act  and  the  competency  of  the  Convention,  the 
Council  and  the  several  heads  of  Departments  to  do  the  acts  done  by 
them  respectively,  aild  examined  in  the  said  report,  command  the  ap- 
proval of  the  Committee,  and,  the  Committee  hope,  will  receive  the 
co»eurrcnce  of  the  Convention. 

The  Committee  report  back  to  the  Convention,  the  military  corres- 
pondence referred,  with  a  recommendation  that  so  much  thereof  as  is 


736  APPENDIX  TO  THE 

specified  in  the  class  marked  4  in  the  enumeration  of  the  sub-commit- 
tee'tj  report,  be  read  in  the  presence  of  the  Convention,  sitting  with 
closed  doors.  The  character  of  this  correspondence  is  such  as,  in  the 
judjrraent  of  the  Coiumittce,  renders  the  general  publication  of  it 
improper.  ' 

The  Committee  are  of  opinion  that  it  would  conduce  much  to  the 
satisfaction  of  the  public  miml,  and  tend  to  harmonize  conflicting  views 
of  State  policy,  if  "  the  records  of  the  proceedings  of  the  Groveruor 
and  Council,"  as  contained  in  their  book  of  minutes,  could  be  printed 
and  widely  circulated  and  read,  but  they  are  deterred  from  making  a 
recommendation  to  this  effect  by  the  great  extent  of  this  record,  and 
the  consequent  expense  which  its  publication  would  involve.  The 
Committee,  therefore,  content  themselves  with  advising  that  the  in- 
junction of  secrecy  be  removed  therefrom,  and  this  record  be  open  to 
the  inspection  of  the  citizens  of  the  State  in  any  manner  that  will  not 
interfere  with  the  convcnicMice  of  the  Governor  and  Council. 

The  several  matters  referred  to  your  Committee  were,  for  convenience 
and  expedition,  distributed  to  subcommittees^  the  several  reports  of 
which  sub-commltlees  are  herewith  submitted  to  the  Convention. 
Kespcctfully  submitted, 

E.  W.  BARNWELL. 


REPORT   OF    TUB   SUB-COMxMITTEE   ON  THE   JOURNAL 
OF  THE  EXECUTIVE  COUNCIL.       ^ 

The  sub-committee  on  the  Journal  of  the  Executive  Council  respect- 
fully report,  that  they  have  carefully  gone  over  the  whole  Journal,  and 
have  seen  abundant  reason  in  the  record  of  the  proceedings  of  the 
Council,  to  be  satisfied  that  they  have  discharged  the  duties  aBsigned" 
them  with  great  industry  and  fidelity,  and  with  exclusive  regard  to  the 
welfare  of  the  State.  -It  is  also  apparent,  from  the  proceedings  of  the 
Council,  that  the  ordinary  powers  of  the  Executive  wpuld  have  been 
entirely  inadecjuate  to  effect  the  objects  to  which  the  labors  of  the 
Council  have  been  devoted,  and  that  the  establishment  of  such  a  body, 
witrh  the  extraordinary  powers  conferred  upon  it,  wifs  required  by  the 
condition  of  the  country,  and  the  exigencies  of  the  times.  The  Com- 
mittee sec  no  reason  why  the  proceedings  of  the  Council  should  not  be 


FOURTH  SESSION.     •  •  737 

made   public,  but  they  are  too  voluminous  to  be  printed,  and  it  will 
probably  be  sufficient  that  the  injunction  of  secrecy  shall  be  removed. 

11.  W.  BARNWELL,  Chairman, 

A.  MAZYCK, 
'.       G.  MANIGAULT, 

H.  C.  YOUNG, 

J.  J.  PllINGLE  SMITH. 


REPORT"  OF    THE    SUB-COMMITTEE    ON    '^  CORRESPON- 
DENCE." 

The  sub-committee  to  whom  was  rcl^rred  the  subject  of  "Corres- 
pondence," beg  leave  respectfully  to  report : 

That  the  Correspondence  consists  of  the  following,  to  wit : 

1.  Two  letters  between  Governor  Pickehs  and  the  Secretary  of  "War, 
on  the  subject  of  the  right  to  fill  vacancies  in  the  South  Carolina  Reg- 
ulars. 

2.  Several  communications  between  the  Governor  and  the  Secretary 
at  War,  and  others,  in  relation  to  seven  hundred  stand  of  arms,  be- 
longing to  the  State,  but  now  in  the  Confederate  army,  in  Virginia. 

3.  Correspondence  between  Governor  Pickens  and  the  Governors  of 
other  Confederate  States,  in  relation  to  concert  of  action  between  the 
Executives  of  the  several  States. 

4.  Corresppndence  between  Governor  Pickens  and  the  Executive  of 
the  Confederate  Government,  and  also  with  Generals  Lee,  Ripley  and 
]*cmbcrton,  in  relation  to  the  defences  of  Charleston  a:?d  Gaorgetown, 
numbered  from  eight  to  nineteen  inclusive. 

This  last  correspondence  the  sub-Committee  recommend  should  bo 
read  in  th(j  Gener^  Committee,  and  should  also  bo  read  in  Convention, 
in  secret  session,  for  the  information  of  the  members,  but  that  it  should 
not  be  printed. 

Respectfully   submitted, 

]}ENJ.  F.  DUNKIN,  Chairman, 
JOHN  A.  CALHOUN, 
EDWARD  McCllADY, 
JOHN  P.  EICHARDSON. 


738  APPENDIX  TO  ^HE 

REPORT  OF  THE*  SUB-COMMITTEE  ON  THE   RV.PORT  OF 
THE  CHIEF  OF  THE  DEPARTMENT  OiP  THE  MILITARY. 

The  sub-coramitteo  to  whom  was  referred  the  report  of  the  Chief  of 
the  Department  of  the  Military,  with  the  accompanying  documents, 
respectfully  report: 

The  matter  thus  referred  has  been  considered  with  the  care  which 
its  importance  demands,  and  nothing  has  been  discovered  which  seems 
to  the  Committee  to  rcqiilre  the  interference  of  the  Convention,  The 
duties  which,  in  the  distribution  of  the  business  of  tlie  Executive 
Office,  were  assigned  to  this  Department,  appear  to  have  been  exceed- 
ingly onerous,  but  they  have  been  discharged  with  signal  industry; 
ability,  regard  to  eceuomy  and  a  large  measure  of  success,  at  a  great 
sacrifice  of  time,  comfort  and  i*ouey  on  the  part  of  the  Chief,  and  often 
under  circumstances  of  great  «Lliscouragemcut,  the  causes , of  which  are 
exhibited  in  the  report.  The  thanks  of  the  Convention  and  of  the 
State  are,  in  the  judgment  of  the  Committee,  eminently  due  to  the 
Chief  of  the  Department  and  to  his  subordinates  in  office,  as  well  as  to 
the  several  gentlemen,  named  in  the  report,  who  have  patrioticallji  ren- 
dered their  valuable  aid  in  several  particulars  to  this  branch  of  the 
public  service. 

The  Committee  are  of  the  opinion  that  the  report  and  such  of  the 
accompanying  documents  as  are  contained  in  the  printed  pamphlet 
ought  to  be' published  for  the  information  of  the  people,  subject,  how- 
ever, to  a  revision  by  the  Chief  of  the  Department,  with  a  view  to  the 
omission  of  such  passages  (which  have  been  the  subject  of  conversation 
between  the  Chief  and  the  sub-Committee),  the  publication  of  which 
might  in,  his  judgment  be  of  even  doubtful  effect  upon  the  public  in- 
terest, and  it  is  so  recommended. 

Respectfully  submitted, 

JOHN  A.  INGLIS,  Chairman. 
W.  F.  DeSAU§SURE,  , 
JOHN  L.  MANNING. 


FOURTH  SESSION.  739 

REPQRT  OF  THE  SUB-COMMITTEE  ON  THE  REPORT  OF 
THE  CHIEF  OF  THE  DEPARTMENT  OF  JUSTICE  AND 
POLICE. 

The  sub-committee,  to  wliora  was  referred  the  report  made  by  the 
Chief  of  the  Department  of  Justice  and  Polic#  to  the  Governor  and 
Executive  Council,  beg  leave  to  report,  that  they  have  carefully  read 
and  considered  tlie  whole  Report  aforementioned,  and  recommend  that 
printed  copies  of  it  be  widely  circulated. 

Upon  the  question  whether  any  limita!t.iou  can  be  imposed  upon  the 
power  of  a  Convention  of  the  People,  assembled  under  our  State  Consti- 
tution by  the  Act  of  the  Legislature  which  calls  it  together,  the  sub- 
committee forbear  the  expression  of  any  opinion.  Into  this  question 
it  is  needless  now  to  enter,  for  it  seems  plain  to  your  sub-committee 
that  every  Act  of  this  Convention,  and  of  those  who  have  acted  under 
its  authority,  tvhicli  is  mentioned  in  the  report  under  consideration,  is 
embraced  within  the  scope  of  the  Act  of  the  Legislature,  which  provided 
for  the  election  of  delegates  to  this  Convention.  The  arguments  con- 
tained in  the  report,  especially  those  in  Part  I.,  sustaining  this  construc- 
tion of  the  Act  and  the  "competency  of  the  Convention,  the  Council, 
and  the  several  heads  of  Departments,  to  do  the  acts  done  by  them  res- 
pectively, and  examined  in  the  said  report,  command  the  approval  of 
your  sub-comfcittee. 

In  reference  to  one  or  two  of  the  acts  of  the  Governor  and  Council, 
or  of  the  Chief  of  the  Department  of  Justice  and  Police,  doubts  as  to 
thfeir  expediency,  afTecting  rather  form  than  substance,  might  be  sug- 
gested;  but  of  expediency  under  the  circumstances  which  attended 
the, acts,  the  report  under  consideration,  without  the  journal  and  papers 
of  the  Council,  and  without  any  explanations  from  those  who  acted, 
does  not  enable  yotlr  sub-committee  fairly  to  judge.  As  to  the  compe- 
tency of  the  authority  for  every  act  done,  the  majority  of  your  sub- 
committee entertain  uo  doubt. 

Respectfully  submitted, 
,    '  D.  L.  WARDL.VW,  Chairman, 

J.  1\  CAIIKOLL. 
Mr.  John  Phillips  dissents. 


740  APPENDIX  TO  THE 

REPORT  OF  THE  SUB-COMMITTEE  ON  THE  REPORT  OF 
THE  CHIEF  OF  THE  DEPARTMENT  OF  TREASURY  AND 
FINANCE.  '     ■ 

The  Pub-committee  of  the  Committee  of  Twenty-one,  to.  whom  was 
referred  the  "Reporliof  the  Chief  of  the  Department  of  Treasury 
and  Finance,"  beg  leave  respectfully  to  report,  that  they  have  per- 
formed flie  duty  assigned, them,  and  iind  that  the  affairs  of  this  Depart- 
ment have  been  managed  with  great  fidelity  and  accuracy. 

All  the  books  and'voucheri*  have  been  carefully  examined,  and  the 
accounts  found  to  be  correct  and  eminently  satisfactory. 

R.  B.  RHETT,  Chairman, 
THOMAS  Y.  SIMONS, 
WM.  D.  JOHNSON. 


REPORT  OF  THE  SUB-COMMITTEE  ON  THE  REPORT  OF 
THE  CHIEF  OF  THE  DEPARTMENT  OF  CONSTRUCTION 
AND  MANUFACTURE. 

The  sub-committee  to  whom  was  referred  the  report  Jf  the  Chief  of 
the  Department  of  Construction  and  Manufacture,  with  the  accompa- 
nying papers,  respectfully  report: 

That  they  have  examined  that  report,  the  report  of  the  General 
Superintendent  of  the  State  Works,  and  the  accounts  therein  referred 
to ;  from  which  it  appears  that  very  commendable  progress  has  been 
made  in  establishing  a  foundry  and  armory  at  Greenville  Court  House, 
on  behalf  of  the  State.  It  is  said  in  the  report  that  by  the  1st  of 
October  next  the  Works  will  be  in  condition  to  cast  shot  and  shell,  and 
soon  afterwards  to  cast  cannon,  but  not  to  make  small  arms  for  six 
montlis  afterwards,  unless  the  emergency  of  (he  service  should  require 
them  sooner,  which  could  bo  done  by  multiplying  labor  at  increased 
expense. 

It  is  not  contemplated  to  establish  a  first  class  armory,  but  upon  a 
scale  ^commensurate  with  State  means',  which  may  be  increased  if 
necessity  should  require  it  hereafter. 

The  whole  amount  put  down  as  charged  to  this  Department,  up  to 
the  loth   of   August,  ip   ^95,212  02.     This   amount    includes    many 


FOURTH  SESSION.  741 

items  not  properly  belonging  to  this  Department,  making  in  the  aggre- 
gate Sll,6GS.     The  vouchers  for  the  payments  have  been  submirted  to 
the  Committee,  and  on  examination  found  correct. 
All  (^  which  is  respectfully  submitted, 

STMP]ON  FAIR, 
SliMPSON   BOBO, 
September   10,  1862.  P.  E.  DUNCAN. 


742  APPENDIX  TO  THE 

REPORTS  OF  COMMITTEE  ON  ACCOUNTS. 

The  Ot)mmittce  on  Accounts,  to  whom  was  referred  the  account  of 
the  Proprietor  of  the  Carolina  Spartan,  for  publishing  sundry  Resolu- 
tions of  Governor  and  Council,  on  various  subjects,  ask  libertj  respect- 
fully to  be  discharged  froni  the  consideration  of  the  same;  and  that  it 
be  referred  to  the  Governor  and  Council,  as  particularly  appertaining  to 
their  department. 

ROBERT  T.  ALLISON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
the  Proprietor  of  the  Carolina  Spartan,  for  publishing  the  different 
Proclamations  of  the  President  for  calling  the  Convention  at  sundry 
times  froui  December  the  6th,  1860,  up  to  the  4th  of  September, 
1862,  amounting  to  $23  84,  report,  that  they  have  examined  the  same, 
and  recommend  that  the  said  sum  of  §23  84,  be  paid  ;  and  that  the 
balance  in  said  account,  of  $5  99  for  publishing  the  Resolutions  in  re- 
lation to  the  distillation  of  spirits,  &c.,  be  referred  to  the  Governor  and 
Council. 

All  of  which  is  respectfully  submitted, 

ROBERT  T.  ALLISON,  Chmrvian. 


The  Committee  to  whom  was  referred  the  account  of  C.  P.  Pelham, 
for  publishing  the  Proclamation  for  the  assembling  of  the  Convention, 
and  advertising  Ordinances  of  said  Convention,  report,  tlia't  they  have 
examined  the  same  and  recommend  that  the  said  account  be  paid. 

All  of  which  is  respectfully  submitted, 

ROBERT  T.  ALLISON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
the  Editor  of  the  Yorkville  Enquirer,  report,  that  they  have  ex- 
amined the  same,  and  recommend  that  the  said  account  of  $7  25,  for 
publishing  the  Proclamation  of  the  President  of  the  Convention  for  a 
call  of  the  Convention  in  18t31  and  1862,  be  paid. 

All  of  which  is  respectfully  submitted, 

ROBERT  T.  AliLISON,  Chairman, 


FOURTH  SESSION.  743 

The  Committee  on  Accounts,  to  -whom  was  referred  the  account  of 
the  South  Carolinian  fur  advertising,  report,  that  they  have  examined 
the  said  account,  and  recommend'  tliat  the  sum  of  §15,  as  stated  in  said 
account,  be  paid. 

All  of  which  is  respectfully  submitted, 

IIOBEIIT  T.  ALLISON,  Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
R.  H.  Grenekcr,  of  Newberry,  for  publishing  the  proclamation  con- 
vening the  Convention,  amounting  to  Si  50,  respectfully  report,  that 
they  have  examined  the  same,  and  recommend  that  the  same  should  bo 
paid.  *  ■       • 

R.  T.  ALLISON,   Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  account  of 
Theo.  Stark,  for  preparing  the  Hall  of  the  House  of  Representatives 
for  the  meeting  of  the  Convention,  report,  that  they  have  examined 
the  same,  and  recommend  that  the  said  account,  of  ^25,  be  paid. 

All  of  which  is  respectfully  submitted, 

R.  T.  ALLISON,    Chairman. 


The  Committee  on  Accounts,  to  whom  was  referred  the  report  of  the 
Central  Secretary  to  the  Beaufort  Commission  for  the  removal  of 
negroes  .and  other  property,  respectfully  report,  that  the  amount  ad- 
vanced is  correctly  stated,  and  the  liens  properly  executed  and  re- 
corded, as  therein  set  forth. 

Respectfully  submitted, 

ROBERT  T.  ALLISON,  Chairman. 
September  15,  1862. 


7-14  APPENDIX  TO  THE 

RRPORTOF  THE  COMMITTEE  ON  ENGROSSED  ORDI- 
NANCES. 

The  Committee  on  En;jjrosscd  Ordiuauces,  to  whom  it  w:'.s  referred 
to  consider  and  report  whether  there  are  any  portions  (and  what  por- 
tions specially)  of  the  Journal,  Resolutions  and  Ordinances  of  the 
former  Sessions  of  this  Convention,  which  cannot  yet  safely  be  made 
public,  and  alj^o  as  to  the  propriety  of  printing  the  proceedings  of  this 
body,  respectfully  report :  * 

That  they  have  duly  considered  the  f^ame,  and  on  a  careful  examina- 
tion, IJud  that  the  injunction  of  secrecy  has  already,-. in  the  main,  bcea 
removed  from  the  various  transactions  of  the  previous  sessions  of  this 
body,  with  the  excepti<jn  of  four  subjects,  to  which  they  invite  the  at- 
tention of  the  Convention,  as  follow.s  : 

1.  An  Ordinance,,  adopted  on  the  8th  day  of  April,  A.  D.  ISGl,  au- 
thorizing the  Governor,  at  his  discretion,  to  t-ub.scribe  to  the  proposed 
Conlederate  loan,  an  amount  not  exceeding  the  estimated  claim  of  the 
State  of  South  Carolina  against  the  Confederate  Government,  fur  the 
expenses  incurred  for  the  military  defence  of  the  State,  and  for  the 
cost  of  the  arms  and  munitions  of  war  which  may  be  transferred  by 
the  State  to  the  Confederate  Government. 

2.  The  debates  of  this  Convention,  on,  the  adoption  of  the  Constitu- 
tion of  the  Confederate  States  uf  America. 

8.  An  Ordinance  to  provide  for  the  removal  of  negroes  and  other 
property  from  portions  of  the  Stitc  which  may  be  invaded  by  the 
enemy.  ,  ]Jy  this'Ordinance,  a  commission  is  established  for  the  Dis- 
tricts of  Horry,  Georgetown,  Charleston,  Colleton  and  Beaufort,  and  it 
is  therein  enacted -that  Ts^^^pcver,  "by  reason  of  the  proximity  of  the 
enemy,  or  in*the  view  of  the  Commanding  General  of  the  Confederate 
forces,  or  of  the  commii^sion,  the  public  interests  should  require  the  re- 
moval of  the  slaves  within  these  Districts,  the  said  commission  are  em- 
powered and  directed  so  to  do,  and  to  make  proper  provision  for  their 
support  and  maintenance. 

4.  The  Report  and  Resolutions  of  Special  Committee  No.  2,  in  re- 
lation to  the  proper  action  of  the  State,  in  case  valuable  portions  of  her 
territory  should  be  pronounced  untenable  by  the  military  authorities. 

The  Report  expresses  in  strong  terms  the  opinion,  that  the  city  of 
Charleston  should  be  defended  at  all  cost,  whether  of  properly  or  life, 
and  to  the  last  extremity;  and  while  opposing  any  idea  of  its  abandon- 
ment, denies,  in  case   of  repulse,  the  propriety   of  its   destruction    by 


FOURTH  SESSION.  745 

the  hands  of  its  own  citizens  irrespective  of  the  command  of  the  mili- 
tary  authorities.  The  resolutions  appoint  a  commission  for  the  city  of 
Charleston,  and  extend  the  terms  of  the  previous  Ordinance  to  the  re- 
moval of  those  persons  from  the  city,  who,  by  reason  of  age,  sex  or 
infirmity,  were  it^apable  of  taking  part  in  its  defence. 

Your  Committee  haye  stated,  generally,  the  purport  and  nature  of 
these  Ordinances  and  Resolutions,  as  they  are  -the  only  matters  of  any 
importance,  on  which'  the  seal  of  secrecy  still  remains. 

The  Ordinances  in  relation  to  the  removal  of  negro  property  from 
Districts  likely  to  be  invaded, -and  of  defenceless  citizens  from  the  com- 
mercial metropolis  of  the  State,  have  already,  under  the  direction  of  this 
Convention,  been  communicated  to  the  Commissioners  appointed,  and 
by  them  to  the  vaVious  persons  interested,  and  have  thus  gradually  been 
diffused  through  the  different  sections  iu  which  they  were  intended  to 
operate. 

An  iifcursion  into  these  Districts  and  an  attack  upon  the  City  of 
Charleston  was,  q^t  the  time  of  their  passage,  deemed  imminent,  and  it 
was  thought  that  a  sudden  public  announcement  of  the  course  adopted 
by  this  body,  at  a  period  when  the  mind  of  the  people  was  scarcely  pre- 
pared for  it,  might  create  excitement,  and,  perhaps,  somewhat  of  con- 
fusion, or  panic.  It  was  therefore  regarded  as  the  better  and  more 
efficient  plan,  that  the  same  should  be  communicated  by  degrees  through 
the  action  of  the  Commissioners,  and  by  the  information  extended  by 
them  to  the  parties  concerned,  Irom  time  to  tim6,  as  circumstances  and 
the  occasion  required.  This  has  been  done,  and  your  Committee  now 
see  no  reason  why  the  seal  of  secrecy  may  not  be  entirely  broken  and 
'these  Ordinances  and  Resolution!?  be  published,  without  detriment  to 
the  State.  They  can  afford  no  light  to  the  enemy,  while  they  show  the 
determination  of  our  people  to  defend  tlieir  .soil  at  every  hazard,  and 
to  remove  their  property  beyond  the  reach  of  atiy  foe.  The  peculiar 
state  of  affairs  which  required  their  hitherto  secrecy,  in  the  judgment 
of  your  Committee  no  longer  exists. 

The  only  remaining  subject  is  in  reference  to  the  debates  had  in  this 
body  on  the  adoption  of  the  Constitution  of  the  Confedeiate  States  of 
America,  and  of  which  there  never  was  any  record,  official  or  otherwise, 
so  far  as  your  Committee  is  informed.  They  exist,  therefore,  alone  in 
memory,  at  best  an  uncertain  guide,  and  there  remains  no  standard  by 
which  with  accuracy  what  was  said  or  occurred  may  now  be  deter- 
mined. 

•Entitled  as  this  is  to  some  wcignt,  yet  the  Committeo  w»uld  not  bo 
<J4 


746  APPENDIX  TO  THE 

V 

thereby  deterred  from  recommeuding  that  these,  with  the  other  pro- 
ceeding-s  of  this  body,  be  comuiuDicated  to  the  public  mind,  were  it  not 
for  the  following  consideration. 

It  will  be  remembered  that  the  greater  part  of  the^e  debates  consisted 
of  statements  made  by  the  Delegates  of  this  State,  as  to  what  trans- 
pired in  the  Convention  held  at  Montgomery,  in- the  State  of  Alabama, 
and  which  framed  the  Constitution. 

That  Convention  sat  with  closed  doors.  The  debates  there  had  were 
under  the  injunction  of  secrecy,  but  with  the  privilege  to  the  various 
Delegates  to  communicate  their  purport  to  their  respective  State  Con- 
ventions, but  likewise  in  Secret  session. 

The  injunction  thus  imposed  has  not  been  removed  from  the  debates 
of  the  Convention  assembled  at  Montgomery,  and  your  Committee  are 
therefore  of  opinion  that  this  Convention  having  received  and  heard 
•  these  statements  on  the  condition,  and  under  the  circumsttmces  above 
specified,  that  any  action  on  its  part  ought  not  to  precede,  but  depend 
on  and  follow  that  of  the  body  froiii  whom  these  statements  emanated. 
So  far  as  the  acts  and  proceedings  of  this  Convention  are  concerned, 
they  perceive  nothing  which  it  is  now  incompatible  with  the  public  iu- 
'  terest  or  safety  to  disclose. 

It  has  been  thought  by  some  of  the  Committee  that  attention  should 
be  called  to  a  letter  from  Mr.  Maxcy  Gregg,  a  member  of  this  body,  in 
relation  to  the  action  of  the  Convention  on  the  adoption  of  the  "Ordi- 
nance to  strengthen  the  Executive  Department  during  the  exigencies  of 
the  present  war."  After  the  Ordinance  had  been  adopted,  it  appears 
from^he  minutes,  that  the  President  announced  that  he  had  received 
a  communication  from  Mr.  Gregg  in  reference  to  the  vote  which  he 
would  have  given  if  present.  This  letter  was  not  read,  but,,  ou  motion 
of  Mr.  D.  L.  Wardlaw,  was  received  and  ordered  to  be  spread  on  the 
journal.  The  letter  is  of  some  length,  and  not  only  intimates  the  vote 
which  would  have  been  given,  but  sefers  to  matters  which, have  never 
been  before  this  body  for  its  consideration.  It  is  therefore  recom- 
mended that  the  order  to  spread  the  letter  upon  the  journal  be  rescinded, 
and  that  the  letter  be  filed  with  the  proceedings  of  this  body,  and  that 
the  injunction  of  secrecy  be  removed  t'hereirom. 

The  subject  of  publication  having  been  also  referred,  the  presence 
of  the  Committee  on  Printing  was  requested,  and  a  conference  had,  the 
jesult  of  which  will  appear  iu  the  resolutions  hereafter  appended. 

Your«Committee  therefore  recommend  for  the  adoption  of  the  Con- 
vention; the  following  resolutions  :    • 


FOURTH  SESSION.  747 

1.  Resolved,  That  the  injunction  of  secrecy  be  removed  from  all  the 
transactions  of  this  Convention,  at  its  previous  sessions,  except  in  rek- 

-  tion  to  the  debates  on  the  Constitution  of  the  Confederate  States  of 
America. 

2.  Resolved,  That  as  soon  as  the  injunction  of  secrecy  shall  be  re- 
moved from  thB  proceedings  and  debates  of  the  Convention  of  Dele- 
gates, lately  assembled  at  Montgomery,  the  injunction  of  secrecy  shall 
likewise  be  removed  from  the  debates  of  this  Convention,  on  the  Con- 
stitution of  the  Confederate  States  of  America. 

3.  Resolved,  That  it  shall  be  the  duty  of  the  Printer  of  this  Con- 
vention to  print  two  thousand  (2,000)  copies  of  the  journal,  public  and 
secret,  and  of  the  Ordinances,  Reports,  Resolutions  and* transactions  of 
this  Convention  at  its  previous  sessions,  and  to  deposit  them  on  or  before 
the  1st  day  of  November  ensuing,  or  as  soon  thereafter  as  practicable 
with  the  Clerk  of  this  Convention,  and  that  the  same  be  distributed 
by  him  as  follows:  For  the  likecutive,  ten  copies;  for  the  Lefris- 
lative  Library  of  the  Confederate  Congress,  ten  copies ;  for  the  Leo^is, 
lative  Library  at  Columbia,  ten  copies  ;  for  the  Libraries  of  the  Court 
of  Appeals  at  Columbia  and  Charleston,  each  ten  copies;  for  the  mem- 
bers of  the  Convention  and  members  of  the  ensuing  General  Assembly 
of  the  State,  each  five  copies ;  for  the  Governors  of  the  several  Con- 
federate States,  each  one  copy;,  for  the  Chief  Justice  and  Associate 
Justices  of  the  Court  of  Appeals,  each  one  copy ;  for  the  Colle"-e  and 
various  public  Libraries  in  the  State,  each  one  copy ;  for  the  Attorney 
General,  Solicitors,  Secretary  of  Sta^e,  Surveyor  General,  and  Treasurers 
of  the  Upper  ^nd  Lower  Division^  each  one  copy  for  the  use  of  their 
respective  offices.  Thgt  the  residue  be  distributed  under  the  direction 
of  the  President  of  this  Convention,  and  that  the  Clerk  of  this  Con- 
vention, for  this"  considerable  additioa  to  his  labors,  be  paid  the  sum  of 
two  hundred  dollars. 

All  of  which  is  respectfully  submitted, 

.       .  THOMAS  Y.  SIMONS, 

Chairman  Committee. 


748  APPENDIX  TO  THE 


REPORT  OF  THE  COMMITTEE  ON    THE    CONSTITUTION, 

On  a  Resolution  directing  inquiry  as  to  matters  now  requiring  modifica- 
tion or  repeal. 

The  Committee  on  tbe  Constitution,  to  whom  was  referred  a  resolu- 
tion directing  them  to  inquire  and  report  whether  there  are  any  Ordi- 
nances or  chariges  in  the  fundamental  Constitution  enacted  by  this 
body,  which  should  now  be  modified  or  repealed,  beg  leave  to  report : 

That  they  have  with  care  examined. the  subject  committed  to  them, 
and  although  the  time  taken  by  them  has  been  short,  they  believe  that 
they  have  attained  accurate  conclusions. 

In  the  Constitution  of  the  State  of  South  Carolina,  as  ratified  in  this 
Convention,  April  8th,  1861,  there  is  nothing  which  now  requires  the 
attention  of  the  Convention  besides  the  particulars  mentioned  in  the 
Ordiaance  herewith  submitted;  nor  is  there  any  such  thing  in  the 
Ordinances  and  resolutions  of  the  Convention,  adopted  at  either  of  its 
two  fii'st  sessions,  begiilning  respectively  in  December,  1860,  and 
April,  1861. 

To  the  proceedings  of  the  Convention,  had  at  its  third  session,  be- 
ginning December  26,  1861,  special  attention  should  now  be  paid;  and 
as  none  of  the  Ordinances  or  resolutions  of  the  Convention  can  be  sub- 
ject to  the  control  of  the  ordinary  legislation,  without  permiss-ion  given 
by  a  Convention,  or  by  the  other  powers  provided  by  the  Constitution 
for  amending  the  Constitution;  and  as  some  of  the  Ordinances  and 
resolutions  of  the  third  session  are,  in  their  nature,  dependent  on  cir- 
cumstances liable  to  change,  a'nd  should  be  subject  to  the  discretion  of 
the  Legislature. 

Your  Committee  recommend  the  adoption  of  the  accompanying 
Ordinance. 

D.   L.  WARDLAW,   Chairman. 

September  17,1862. 


ORDIMKCES, 

■constitutio:n's,  etc. 


ORDINANCES. 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  begun 
.  and  holden  at  Columbia,  on  the  seventeenth  day  (.f  December,  \n 
the  year  of  our  Lor'd  ^ne  thousand  eight  hundred  and  sixty,  and 
thence  ccntinued  by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  twentieth  day  of  December,*  in  the 
same  year, 

AN  ORDINANCE 

To  DISSOLVE  THE  UnION  BETWEEN  THE  StATE  OF  SoUTH  CAROLINA 
AND  OTHER  STATES  UNITED  WITH  HER  UNDER  THE  COMPACT  EN- 
TITLED "  The  Constitution  of  the  United  States  of  America." 

117',  (he  People  of  (he  S(a(e  of  Sou(h  Carolina,  in  Convendon  asacm- 
hle<l,  do  declare  and  orJain,  and  it  is  hereby  declared  and  ordained, 
That  the  Ordinance  adopted  by  us  in  Convention,  on  the  twenty- 
third  day  of  May,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty-eight,  whereby  the  Constitution  of  the  United  States  of 
America  was  ratified,  and  also  all  Acts  and  parts  of  Acts  of  the  General 
Assembly  of  this  State,  ratifying  amendments  of  the  said  Constitution, 
are  hereby  repealed;  and  that  the  Union  now  subsisting  between  South 
Carolina  and  other  States,  under  the  name  of  "The  United  States  of 
America,"  is. hereby  dissolved. 

Done  at  Charleston,  the  twentieth  day  of  December,  in   the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty. 

D.    F.  JAMISON,   Del.  from    Barnwell,   and  President   Convention. 

Thos.  Chiles  Perrin,  John  Izard  Miodleton, 

Edw.  Noble,  Benjamin  E.  Sessions, 

J.  H.  Wilson,  J.  N.  Whitneu,  « 

Thos.  Thomson,  James  L.  Our, 

David   Lewis  Wardlaw,  J.  P.  Heed, 

J  NO.  Alfred  Calhoun,  11.  F.  Simpson, 


75:; 


ORDINANCES  OF  THE 


Benjamin  Franklin  Mauldin,  Tiios.  W.  Beaty, 


Lewis  Ma  lone  Ayer,  Jr., 
W.  Peronneau  Finley, 
J.  J.  Brabham, 
Benj.  W.  Lawton, 
Jno.  McKke, 
Thomas  W.  Moore, 
KiCHARD  Woods, 

A.    Q.    DUNOVANT, 

John  A.  Inglis, 
Henry  McIver, 
Stephen  Jackson, 

W.    PlNCKNKY    SniNOLER, 

Peter  P.  Bonneau, 
John  P.  RicuAROaON, 
John  L.  Manning, 
John  J.  Ingram, 
Edgar  W.  Charles, 
Julius  A.  Dargan, 
Isaac  J).  Wilson, 
John  M.  Timmons, 
Francis  Hugh  Wardlaw, 

11.   G.    xM.    UUNOVANT, 

James  Parsons  Carroll, 

Wm.  Gregq, 

Andrew  J.  Hammond, 

James  Tompkins, 

James  C.  Smyly,  ' 

John  Hugh  Means, 

William  Stkotiier  Lyles, 

Henry  Campbell  Davis, 

Jno.  Buchanan, 

James  C.  Furman, 

P.  E.  Duncan, 

W.  K.  Easley, 

James  Harrison, 

W.  H.  Campbell, 

T.  J.  Withers, 

James  CiiJiSNUT,  Jr., 

Joseph  Brevard  Kershaw, 


Wm    J.  Ellis, 
R.  L.  Crawford, 
W.  C.  Cauthen, 

D.  1'.  Robinson, 
H.  C.    YouN-Q, 

H.  W.  Garlinoton, 
John  D.  Williams, 
W.  D.  Watts, 
Thos.  Wier, 
H.  I.  Caughman, 
John  C.  Geiger, 
Paul  Qu.vttlebaum, 
W.  B.  Howell, 
Cuesley  D.  Evans, 
Wm.  ^\^  Harllee, 
A.  W.  Bethea, 

E.  W.  Goodwin, 
William  D.  Johnson, 
Alex.  McLeod, 
John  P.  Kinard, 
Robert  ^Ioorman, 
Joseph  Caldwell, 
Simeon  Fair, 

Thomas  Worth    Glover, 
Laurenck  iM.  Keitt, 
.Donald  1{owe  Bauton, 
Wm.    Hunter, 
Andrew  F.  Lewis, 
Robt.  a.   Thompson, 
William  S.  Grisham, 
John  Maxwell, 
Jno.  E.  Frampton, 
W.  Ferguson   Huxson, 
W.  F.  DeSaussurb,        « 
William  Hopkins, 
James  1L  Ada.ms, 
Maxoy  Gregg, 
John  II.  Kinsler, 
Ephraim  M.  Clarke, 


FIRST  SESSION. 


(53 


Alex.  H,  Brown, 
E.  S.  P.   Bellinger, 
Merrick  E.  C'arn, 
E.  11.   Henderson, 
Peter  Stokes, 
Daniel   Flud,        • 
1)avid«C.  Appleby, 
Pt.  W.  Barnwell,. 
Jos.  Dan'l  Pope, 
C.  P.  Brown, 
John  M.  Shinqler, 
Daniel  DuPre, 
A.   Mazyck, 
William  Cain, 
P.  G.  Snowden, 
Geo.  W.  Seabrook, 
John  Jenkins, 
R.  J.  DaYant, 
E.  M.  Seabrooi|s 
John  J.  Wannamaker, 
Elias  B.  Scott,     • 
Joseph  E.  Jenkins, 
Langdon  Cheves, 
George  RiIodes, 
A.  G.  Magrath, 
Wm.  Porcher  Miles, 
joiin'  townsend, 
Robert  N.  Gourdin, 
H.  W.  Conner, 
'Jheodore  D.  Wagner, 
R.  Barnwell  Riiett, 
C.  G.  Memminger, 
Gabriel  Manigault, 
John  Julius  Pringle  Smith, 
ilsAAC  AV.  Hayne, 
,  Jno.  H.  Hdnour, 
Rich'd  DeTreville, 
Thos.  M.  Hanckel, 
A.  W.  Burnet, 

Attest:  B.  F.  Arthur,   Clerk. 
95 


Thos.  Y.  Simons, 

L.  W.  Spratt, 

Williams  Middleton, 

F.  D.  Richardson, 

B.  H.  Rutledge, 

Edward  McCrady, 

Francis  J.  Porcher, 

T.  L.  Gourdin, 

John  S.  Palmer, 

John  L.  Nowell, 

John  S.  O'Hear, 

John  G.  Landrum, 

B.  B.   Foster, 

Benjamin  F.  Kilgore, 

Jas.    H.  Carlisle, 

Simpson  Bobo, 

AVm.  Curtis, 

H.  D.  Green, 

i\lATTHEW  P.  Mayes, 

Thomas  Reese  English,  Sr., 

Albertus  Chambers  Spain, 

J.  M.  Gadberry, 

J.  S.  Sims, 

Wm.  H.  Gist, 

James  Jefferies, 

Anthony  W.  Dozier, 

John  G.  Pressley, 

R.  C.  Logan, 

FiiANcis  S.  Parker, 

BeNJ.    FaNEUIL  t)UNKIN, 

Samuel  Taylor  Atkinson, 
Alex.  M.  Forster, 
Wm.  Blackburn  Wilson, 
Robert  T.  Allison, 
Samuel  PiAIney, 
A.  Baxter  Springs, 
A.  I.  Barp.on, 
Artemas  T.  Darby. 


754  ORDINANCES  OF  THE 

TuE  State  of  South  Carolina. 

At  a  Convention*of  tlie  People  of  the  State  of  South  Cikrolina,  be- 
gun and  holden  at  Columhia,  on  the  seventeenth  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  and 
thence  continued  by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  twenty-second  day  of  December,  in  the 
same  year, 

AN  ORDINANCE. 

To  alter  the  Constitution  of  the  State  of  South  Carolina,  in  respect  to 
the  Oath  of  Office. 

We,  the  People  of  the  State  of  South  Carolina,  in  Contention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained, •     ' 

That-  the  Fourth  Article  of  the  Constitution  of  the  State  of  South 
Carolina,  heretofore  amended,  be  now  altered  so  as  to  read  ag  follows, 
to  wit :  ' 

"All  persons  who  shall  be  elected  or  appointed  to  any  office  of  profit  ■ 
or  trust,  before  entering  on  the  execution  thereof,  shall  take  (besides 
special  oaths  not  repugnant  to  this  Constitution,  prescribed  by  the 
General  Assembly)  the  following  oath :  I  do  solemnly  swear  (or  affirm) 
that  I  will  be  faithful,  and  true  allegiance  boar,  to  the  Sta^  of  South 
Carolina,  so  long  as  I  may  continue  a  citizen  thereof,  and  that  I  am 
duly  qualified,  according  to  the  Constitution  of  this  State,  to  exercise 
the  office  to  which  I  have  been  appointed,  and  ^hat  I  will,  to  the  best 
of  my  ability,  discharge  the  duties  thereof,  and  preserve,  protect  and 
defend  the  Constitution  of  this  State.     So  help  me  God." 

Done  at  Charleston^  the  twenty-second  day  of  December,  in  the  yeair 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,  Clerk. 


FIRST  SESSION/     .  755 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  be- 
gun and  hofden  at  Columbia,  on  the  seventeenth  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  and 
thence  c'oatinued  by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  twenty-second  day  of  December,  in 
the  same  year. 

,  AN  ORDINANCE 

To  make  Pirovisional  Postal  Arrangements  in  South  Carolina. 

Whereas,  The  State  of  South  Carolina  owes  it  to  her  own  citizens, 
and  to  those  of  the  other  States,  that,  as  one  oi>thc  contracting  parties, 
she  should  not  prevent  or  interrupt  the  performance  of  the  ponding 
contracts  for  carrying  and  delivery  of  the  Mails  made  by  the  United 
States  while  South  Carolina  was  one  of  said  States  : 

Be  it  ordain' (1  by^  the  People  of  ISouth  Carolina,  in  Convention  as- 
sembled, That  the  existing  postal  contr^icts  and  arrangements  shall  be 
continued,  and  the  persons  charged  with  the  duties  thereof  shall  con- 
tinue to  discharge  said  duties  until  a  Postal  Treaty  or  Treaties  shall 
be  concluded,  or  until  otherwise  ordered  by  this  Conventioo. 

Done  at  Charleston,  the  twenty  second  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,   Clerk. 


756  ORDINANCES  OF  THE 

The  State  of  Schjth  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  begun 
and  holden  at  Columbia,  on  the  seventeenth  day  of  December, 
in  the  year  of  t)ur  Lord  one  thousand  eight  hundred  and  sixty, 
and  thence  continued  by  adjournment  to  Charleston,  and  there 
by  divers  adjournments,  to  the  twenty-sixth  day  of  December,  in 
the  same  year. 

AN  ORDINANCE 

To  make  Provisional  Arrangements  for  the  Continuance  of  Commercial 
Facilities  in  South  Carolina. 

Whereas,  It  is  due  to  our  late  confederates  in  the  political  Union, 
known  as  the  United  S^tes  of  America,  as  also  to  the  citizens  bf  South 
Carolina  encaged  in  commerce,  that  no  abrupt  or  sudden  change  bo 
made  in  the  rate  of  duties  upon  imports  into  this  State;  and,  whereas, 
it  is  not  desired  by  this  State  to  secure. any  advantage  in  trade  to  her 
own  ports  above  those  of  any  of  the  slaveholdiug  States,  her  late  eon- 
federates  in  the  said  Union  )»and,  whereas,  this  Ordinauce,  for  the 
considerations  indicated,  is  designed  to  be  provisiqji;il  merely ;  there- 
fore. 

We,  (he  People  of  Soii/h  Carolina,  in  Convention  assembled,  do  de- 
clare and  ordiiin,  and  it  is  herehi;  declared  and  ordained', 

First:  That  all  citizens  of  this  State,  who,  at  the  date  o^  the  Ordi- 
nance of  Secession,  wore  holding  office  connected  with  the  Customs, 
under  the  Covernment  of  the  United  States,  within  the  limits  of  South 
Carolina,  be,  and  they  are  hereby,  appointed  to  hold,  under  the  Govern- 
ment of  this  State,  exclusive  of  any  further  connection  whatever  with 
the  Federal  Government  of  the  United  States,  the  same  offices  they 
now  fill,  until  otherwise  directed,  and  to  receive  the  same  pay  and 
emoluments  for  their  services. 

Second:  That  until  this  Convention,  or  the  General  Assembly,  shall 
otherwise  provide,  the  Governor  shall  appoint  to  all  vacancies  which 
may  occur  in  such  offices. 

Third  :  That  until  otherwise  provided  by  this  Convention,  or  the 
General  Assembly,  the  revenue,  collection  and  navigation  laws  of  the 
United  States,  so  far  as  they  may  be  applicable,  be,  and  they  are 
hereby,  adopted,  and  made  the  laws  of  this  State,  saving  that  no 
duties  shall  be  collected  upon  imports  from  the  States  forming  the  late 
Federal  Union,  known  as  the  United  States  of  America,  nor  upon  the 


FIRST  SESSION.  757 

tonnage  of  vessels  owned  in  whole  or  in  part  by  citizens  of  the  sai  d 
States,  and  saving  and.  excepting  the  Act  of  Congress,  adopted  the  8d 
day  of  March,  1817,  entitled  "An  Act  authorizing  the  deposit  of 
papers  of  foreign  vessels  with  the  Consuls  of  their  respective  nations," 
which  said  Act  is  hereby  declared  to  be  of  no  force  within  the  limits 
of  this  State. 

Fourth  :  That  all  vessels  built  in  South  Carolina,  or  elsewhere,  and 
owned  to  the  amount  of  one-third  by  a  citizen  or  citizens  of  South  Caro- 
lina, or  any  of  the  slaveholding  comraouwealths  of  North  America,  and 
commanded  by  a  citizen  thereof,  and  no  other,  shall  bo  registered  as 
vessels  of  South  Carolina,  under  the  authority  of  the  Collector  and 
Naval  Officer.  * 

Fifth :  That  all  the  official  acts  of  the  officers  aforesaid,  in  which  it 
is  usual  and  proper  to  set  forth  the  authority  under  which  they  act,  or 
the  style  of  documents  issued  by  them,  or  any  of  them,  shall  be  in  the 
name  of  the  State  of  South  Carolina, 

Sixth :  That  all  moneys  hereafter  collected  by  any  of  the  officers 
aforesaid  shall,  after  deducting  the  sums  necessary  for  the  compensa- 
tion of  officers  and  other  expenses,  bo  paid  into  the  Treasury  of  the 
State  of  South  Carolina,  for  the  use  of  the  said  State,  subject  to, the 
order  of  this  Convention,  or  the  General  Assembly. 

Seventh  :  That  the  officers  aforesaid  shall  retain  in  their  hands  all 
property  of  the  United  States  in  thcif  pos.session,  custody,  or  control, 
subject  to  the  disposal  of  this  State,  who  will  account  for  the  same  upon 
a  final  settlement  with  the  Government  of  the  United  States. 

Done  at  Charleston,  the  twenty-sixth  day  of  December,  in  the  year  of 
our  Lord  one  thousajid  eight  hundred  and  sixty. 

D.   F.   JAMISON,  FreUdcnt.   .' 
Attest :  11.  F.'  Arthur,  Clerk. 


758  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  tlie  State  of  South  Carolina,  be- 
gun and  holdon  at  Columbia,  on  the  seventeenth  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty, 
and  thence  continuei^  by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  twenty-seventh  day  of  December,  in 
the  same  year. 

AN  ORDINANCE 

To  amend  the  Constitution  of  the  State  of  South  Carolina  in  respect  to 
the  Executive  Department. 

We,  (he  People  of  (he  Sfaie  of  So^Uh  Caroh'na,  in  Convention  as- 
semh/af,  do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 

That  the  Governor  shall  have  power  to  receive  ambassadors,  minis- 
ters, consuls,  and  agents  from  foreign *powers  ;  to  appoint  such  agents, 
to  be  paid  out  of  the  contingept  fund,  as  in  his  discretion  he  may 
choose  to  employ;  to  conduct  negotiations  with  foreign  powers;  to 
inalce  treaties,  by  and  with  the  advice  and  consent  of  the  Senate,  pro- 
vided two-thirds  of  the  Senators  present  agree; -to  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Senate,  to  appoint,  such  am- 
bassadors, other  pujjlic  ministers  and  consuls,  as  the  General  Assembly 
shall  have  previously  directed  to  be  appointed,  and  also  all  other  offi- 
cers, whose  appointnicnt  otherwise  shall  not  have  been  provided  for  by 
law;  to  fill  all  vacancies  that  may  happen  during  the  recess  of  the 
Senate,  in  the  offices  to  which  he  has  the  power  to  nominate  as  above 
njcntioned,  by  granting  commissions  which  shall  expire  at  the  end  of 
the  next  session  of  the  Senate,  and  to  convene  the  Senate  whenever, 
in  his  opinion,  it  may  be  necessary :  Provided,  nevertheless,  That, 
during  the  existence  of  a  Convention,  all  treaties  and  directions  for  ap- 
pointment of  ambassadors,  ministers,  or  consuls,  shall  be  subject  to  the 
advioe  and  consent  of  the  Convention,  or  to  its  separate  action. 

And  it  is  further  ordained,  That  the  Governor  shall  immediately  ap- 
point four  persons,  with  the  advice  and  consent  of  this  Convention, 
who,  together  with  the  Lieutenant  Governor,  shall  form  a  Council,  to 
be  called  the  Executive  Council,  whose  duty  it  shall  be,  when  required 
by  the  Governor,  to  advise  with  him  upon  all  matters  which  may  be  sub- 
mitted to  their  consideration  ;  and  that  a  record  of  such  consultations 


FIRST  SESSION.  ^.  759 

shall  be  kept :  Provided,  nevertheless,  That  the  Governor  shall,  in  all 
cases,  decide  upon  his  own  action. 

Done  at  Charleston,  the   twenty-seventh  day  of  December,  in   the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

D.  F.  JAMISON,  President. 

Attest:  B.  F.  Arthur,  Cleric. 


760  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  be- 
gun and  holden  at  Columbia,  on  the  seventeenth  day  of  De- 
cember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  and  thence  continued  by  adjournmect  to  Charleston,  and 
there,  by  divers  adjournments,  to  the  twenty-seventh  day  of  De- 
cember in  the  same  year. 

AN  ORDINANCE 

To  alter  the  Constitution   of  the  State  of  South  Carolina,  by  striking 
out  certain  words  in  sundry  places. 

We,  llie  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  herrhij  declared-  and  ordained, 

That  the  Constitution  of  the  State  of  South  Carolina  be  altered  by 
Ptriking  therefrom  certain  words  in  sundry  places,  as  follows,  to  wit : 
In  the  Twenty-first  Section  of  the  First  Article,  strike  out  in  two 
places  where  they  occur  in  this  Section,  thc'following  words — '/  the 
United  States  or  either  of  them."  In  the  Third  Clause  of  the  Second 
Section  of  the  Second  Article,  strike  out  the  following  words — "  or 
under  dny  State  or  the  United  States."  In  the  Sixth  Section  of 
the  Second  Article,  strike  out  the  following  words — "  except  when 
they  shall  be  called  into  the  actual  service  of  the  United  States." 
In  the  Second  Clause  of  the  First  Section  of  the  Third  Article, 
strike  out  the  following  words — "  the  United  States."  In  the  amend- 
ment of  the  amendment  of  the  Fourth  Section  of  the  First  Article, 
(which  amendment  of  the  amendment  was  ratified  December  twen- 
tieth, one  thousand  eight  hundred  and  Oty-six),  strike  out  the  follow- 
ino-  words — "  and  non-commissioned  officers  and  private  soldiers  of  the 
Army  of  Ihe  United  States."  In  the  Fifth  Scctidn  of  the  Second  Arti- 
cle, strike  out,  in  the  places  where  they  occur  in  this  Section,  the  word 
*'  absence,"  and  in  lieu  thereof,  insert  "  removal ;"  also  strike  out  "  be- 
ing absent,"  and  insert  in  lieu  thereof,  "  removal  from  the  State." 

Done  at   Charleston,  the  twenty-seventh  day  of  December,  in   the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty. 

i).    F:  JAMISON,  President. 
Attes*t:  B.  F.  Arthur,  Cleric. 


FIRST  SESSION.  7G1 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  be- 
gun and  holden  at  Columbia,  on  the  seventeenth  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  and  thence  continued  by  adjournment  to  Charleston,  and 
there,  by  divers  adjournments,  to  the  thirty-first  day  of  Decem- 
ber, in  the  same  year. 

AN   ORDINANCE 

To  Define  and  Punish  Treason. 

We,  (he  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained, » 

That  in  addition  to  what  has  been  already  declared  to  be  treason  by 
the  General  Assembly,  treason  against  this  State  shall  consist  only  in 
levying  war  against  the  State,  or  adhering  to  its  enemies,  giving  them 
aid  and  comfort ;  and  tha't  treason  shall  be  punished  by  death,  without 
benefit  of  Clergy. 

Done  at  Charleston,  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty.      • 

D.  F.  JAMISON,  President. 
Attest :    B.  F.  Arthur,   Clerk. 


U6 


762  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

'  At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  be- 
gun and  holden  at  Columbia,  on  the  seventeenth  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  and  thence  continued  by  adjournment  to  Charleston,  and 
there,  by  divers  adjournments,  to  the  thirty-first  day  of  Decem- 
ber, in  the  same  year. 

AN   ORDINANCE 

Concerning  Judicial  Powers. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  *anc?  ordain,  and  it  is  hereby  declared  and  or- 
dained, ' 

That  the  judicial  power  heretofore  delegated  by  this  State,  so  as  to 
form  a  part  of  the  .judicial  power  of  the  United  States,  having  reverted 
to  this  State,  shall  be  exercised  by  such  Courts  as  the  General  As- 
sembly shall  direct. 

Done  at  Charleston,  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  "and  sixty. 

•*       D.  F.  JAMISON,  President. 
Attest:    E.  F.  Arthur'' C?er^. 


*      FIRST  SESSION".  763 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  Soutli  Carolina,  be- 
p;un  and  liolden  at  Coluqibia,  on  the  seventeenth  day  of  Decem- 
ber, in  the  year  of  our  liot'd  one  thousand  ciglit  hundred  and  sixty, 
and* thence  continued  by'  adjournment  to  Charleston,  and  there, 
by  divers  adjournments/' to  the  thirty-first  day  of  Deceipber,  in 
the  same  year. 

AN  ORDINANCE 

Concerning  Powers  lately  vested  in  the  Congress  of  the  United  States. 

We,  the  People  of  the  JStatd  of  Soufh  Carolina,  in  Convention  as- 
sembled, do  dec/are  and  ordain,  and  it  is  herebi/  declared  and  or- 
daintd, 

That  all  powers  which,  by  this  State,  were  .heretofore  dtlegated  to 
the  Consrress  of  the  United  States,  shall  be  vestdTl  in  the  General  As- 
sembly,  except  that  during  the  existence  of  this  Convention,  the  pow- 
ers of  the  General  Assembly  shall  not  extend,  without  the  direction  of 
this  Convention,  to  anyone  of  these  subjects,  to  wit :  Duties  and  Im- 
posts, the  Post  Office,  the  Declaration  of  War,  Treaties,  Confederacy 
with  othfer  States,  Citizenship  and  Treason. 

Done  at  Charleston,  the  thirty4irst  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred'aqd  sixty. 

D.   F.  JAMISON,   President. 
Attest :    B.  F.  Arthur,  Clerk. 


764  ORDINANCES  OF  THE^ 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  .of  the  State  of  South  Carolina,  begun 
and  hoKlen  at  Columbia,  ou  the  seventeenth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  and 
thence  continued  by  adjournment  to  Columbia,  and  there,  by 
divers  adjournments,  to  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-one. 

AN  ORDINANCE 

Concerning   Citizenship. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  assem^ 
hied,  do  declare  and  ordain,  and  it  is  herehy  declared  and  ordained, 

1.  Every  person  who,  at  the  date  of  the  Ordinance  of  Secession,  was 
residing  in 'this  State,  and  was  then  by  birth,  residence,  or  naturaliza- 
tion a  citizen  of  this  State,  shall  continue  a  citizen  of  this  State,  unless 
a  foreign  residence  shall  be  established  by  such  person  with  the  inten- 
tion of  expatriation. 

2.  So,  also,  shall  continue  every  free  white  person  who,  after  the 
date  aforesaid,  may  be  born  within  the  territory  of  this  State,  or  may 
be  born  outside  of  that  territory,  of  a  father  who  then  was  a  citizen  of 
this  State. 

3.  ^0,  also,  every  person,  a  citizen  of  any  one  of  the  States  now  con- 
federated Tander  the  nameof  the  United  States  of  America,  who,  within 
twelve  moflths  after  the  date  of  the  Ordinance  of  Secession,  shall  come 
to  reside  in  this  State,  with  the  intention  of  remaining,  upon  such 
person's  taking  the  oath  of  allegiance  to  this  State,  below  provided. 

4.  So,  also,  every  free  white  person  who  shall  be  engaged  in  the 
actual  service,  military  or  naval,  of  the  State,  and  shall  take  an  oath  of 
his  intention  to  continue  in  such  service  for  at  least  three  months, 
unless  sooner  discharged  honorably,  and  also  the  oath  of  allegiance  be- 
low prescribed.  In  this  case,  the  oaths  shall  be  administered  by  some 
con)missioued  officer  of  the  service,  in  which  the  applicant  for  citi^n- 
ship  may  be  engaged,  superior  in  rank  to  the  applicant,  and  thereupon 
certificate  of  the  citizenship  of  the  applicant  shall  be  signed  by  the 
officer,  and  delivered  to  the  applicant. 

5.  So,  also,  every  free  white  person,  not  a  citizen  of  any  of  the 
States  above  mentioned,  who,  at  the  date  of  the  Ordinance  of  Seces- 
sion, was  residing  in  this  State,  or  who,  within  one  year  from' that  date, 


FIRST  SESSION.  '  765 

« 

shall  come  to  reside  in  this  State,  -with  the  intention  of  remaining, 
upon  such  person's  appearing  before  the  Court  of  Comnion  Pleas  for  any. 
of  the  Districts  of  this  State,  establishing,  by  his  or  her  own  oath,  the 
residence  and  intention  here  required,  and  taking  the  oaths  of  allegiance 
and  abjuration  below  prescribed. 

6.  So,  also,  ev.ery  person,  not  a  citizen  of  any  of  the  States  above 
mentioned,  at  the  date  aforesaid,  who  may  come  to  reside  in  this  State, 
with  the  intention  of  remaining,  and  may  be  naturalized  according  to 
the  naturalization  laws  of  this  State.  Until  they  may  be  altered  or  re- 
pealed, the  naturalization  laws  of  the  United  States,  accommodated  to 
the  special  condition  of  the  State,  are  hereby  made  the  laws  of  this 
State,  except  that  instead  of  the  oaths  required  by  those  laws  in  the 
final  Act,  the  oath  of  allegiance  to  this  State,  and  of  abjuration  below 
provided,  shall  be  taken. 

7.  In  all  cases,  the  citizenship  of  a  man  shall  extend  to  his  wife, 
present  or  future,  whenever  she  shall  have  a  residence  in  the  State, 
and  shall  extend  also  to  each  of  his  children  that,  under  the  age  of 
eighteen  years,  may  have  a  residence  in  the  State.  In  like  manner, 
the  citizenship  of  a  woman  shall  cxtecd  to  each  of  her  children,  that, 
under  the  age  of  eighteen  years,  may  have  a  residence  in  the  State  : 
Provided,  That  in  no  case  shall  citizenship  extend  to  any  person  who 
is  not  a  free  white  person. 

8.  The  oath  of  allegiance  to  this  State  shall  be  in  the  following 
form,  to  wit:  "I  do  swear  (or  affirm)  that  I  will  be  faithful,  and  true 
allegiance  bear,  to  the  State  of  South  Carolina,  so  long  as  I  may  con- 
tinue a  citizen  thereof."  The  oath  of  abjuration  shall  be  in  the  fol- 
lowing form,  to  wit :  "I  do  swear  (or  affirm)  that  1  do  renounce,  and 
forever  abjure,  all  allegiance  and  fidelity  to  every  prince,  potentate, 
state  or  sovereignty  whatsoever,  except  tlie  State  of  South  Carolina." 

Done  at   Charleston,  the  "first   day  of  January,  in   the  year  of  our 
Jjord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,   President. 
Attest:  B.  F.  Arthur,  ClcrJc. 


766  ORDINANCES  OF  THE 

» 
The  State  op  South  Carolina. 

At  a  Coovention  of  the  People  of  the  State  of  Soutt  Carolina,  began 
•  and  bolden  at  Columbia,  on  the  seventeenth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty,  and 
thence  continued  by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  fifth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-one. 

AN  ORDINANCP] 

To  vest  in  the  General  Assembly  the  power  to  establish  Postal 
Arrangements. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  assem- 

hled,  do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 

That  all  power  necessary  to  make  Postal  Arrangements,  and  epact« 

Postal  laws,  is  hereby  vested  in  the  General  Assembly. 

» 

Done  at  Charleston,  the  fifth   day  of  January,  in -the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,  President. 

Attest :  B.  F.  Arthur,   Clerk. 


SECOND  SESSION.  767 

Tub  State  op  South  Carolina.  •        ' 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Charleston, 
oQ  the  twenty-sixth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued,  by 
divers  adjournments,  to  the  third  day  of  April,  in  the  same 
year. 

AN   ORDINANCE 
To  Ratify  the  Conatitution  of  the  Confederate  States  of  Araerica 

We,  the  People  of  South  Carolina,  in  Convention  assembled,  do 
declare  and  ordain,  and  it  is  hereby  declared  and  ordained. 

That  the  State  of  South  Carolina- does  hereby  assent  to  and  ratify 
the  articles  of  compact,  called  the  "Constitution  of  the  Confederate 
States  of  America,"  adopted  at  Montgomery,  in  the  State  of  Alabama, 
on  the  eleventh  day  of  March,  in  the  present  year  (one  thousand  eight 
hundred  and  sixty-one),  by  the  convention  of  Delegates  from  the  States  of 
Alabama,  Florida,  Georgia,  Louisiana,  Mississippi,  South  Carolina,  and 
Texas,  an3  does  hereby  agree  with  such  other  of  the  said  States  as 
shall  ratify  the  same,  to  enter  with  them  into  a  Federal  Association  of 
States  upon  the  terms  therein  proposed. 

Done  at  Charleston,  the  third  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight,  hundred  and  sixty-one. 

D.   F.  JAMISON,  President. 

Attest:   B.  F.  Arthur,  Clerk. 


768  ORDINANCES  OF  THE 

The  State  of  South  Carolina.         -  , 

At  a  Conveotion  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Charleston, 
on  the  twenty-sixth  day  of  March,  in  tlie  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments,  to  the  fourth  day  of  April,  in  the  same  year. 

AN  ORDINANCE 

To  alter  the  tenth  Section  of  the  first  Article  of  the  Constitution  of 
the  State  of  South  Carolina,  and  the  amendni(*ut  thereof,  ratified  the 
twenty-eighth  day  of  January,  "one  thousand  eight  hundred  and  sixty- 
one  ;  also,  to  alter  the  tenth  Section  of  the  Amendments,  ratified  on 
the  seventeenth  da/ of  December,  eighteen  hundred  and  eight  j  and 
likewise,  the  second  Clause  of  the  eleventh  Article  of  the  Constitu- 
tion aforesaid. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  herehi/  declared  and  ordained, 

The  tenth  section  of  the  first  Article  "of  the  Constitution  of  the  State 
of  South  Carolina,  and  the  amendment  thereof,  ratified  in  the  Senate 
house,  on  the  twenty-eighth  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one,  shall  be  altered  to  read  as 
follows:  '.'Senators  and  Members  of  the  House  of  Representatives 
shall  be  chosen  at  a  General  Election,  on  the  Tuesday  after  the  second 
Monday  in  October,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-two;  and  on  the  s*me  day  in  every  second  year,  there- 
after, in  such  manner  and  for  such  terms  of  office  as  are  herein  directed. 
They  shall  meet  on  the  fourth  Monday  in  November,  annually,  at 
Columbia  (which  shall'remain  the  seat  of  Government,  until  otherwise 
determined  by  the  concurrence  of  two-thirds  of  both  branches  of  the  whole 
Representation),  unless  the  casualties  of  war,  or  contagious  disorders, 
should  render  it  unsafe  to  meet  there ;  in  either  of  which  cases,  the 
Governor  or  Commander-in-Chief,  for  the  time  being,  may,  by  procla- 
mation, appoint  a  more  secure  and  convenient  place  of  meeting.  From 
the  next  General  Election  shall,  however,  be  excepted  those  Senators, 
whose  term  of  office  will  not  expire  in  the  year  one  thousand  eight 
hutidred  and  sixty-two.  The  terilis  of  office  of  the  Senators  and  Mem- 
bers, of  the  House  of  Ptepresentatives,  shall  begin  on  the  Monday  fol- 
lowing'a  General  Election."     The  tontTi  section  of  the  Ameudmeuts  to 


SECOND  SESSION.  7G9 

tlie  Constitution  aforesaid,  ratified  December  seventeentlf,  one  thousand 
eight  hundred  and  eight,  shall  be  altered  to  read  as  follows '.  "  The 
Senators  having  heretofore  been  divided  by  lot  into  two  classes,  the 
seats  of  the  Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year  after  the  Monday  Tollowing  a  General  Election  ;  and 
of  the  second  class,  at  the  expiration  of  the  fourth  year;  and  the  num- 
ber of  these  classes  shall  be  so  proportioned,  that  one-half  of  the  whole 
number  of  Scnatoi''.s'^may,  as  nearly  as  possible,  continue  to  bo  chosen 
thereafter  every  second  yeaf."  The  second  Clause  of  the  eleventh  Article 
of  the  Constitution  aforesaid,  shall  be  altered  to  read  as  follows :  **  No  part 
of  this  Constitution  shall  be  aUcred  unless  a  bill  to  alter  the  same  shall 
have  been  read  on  three  several  days  in  the  House  of  Representatives, 
and  on  three  several  days  in  tlie  Senate,  and  agreed  to  at  the  second 
and  third  readings  by  two-thirds  of  the  whole  representation  in  each 
branch  of  the  Legislature.  Neither  shall  any  alteration  take  place 
until  the  bill  so  agreed  to  be  published  three  months  previous  to  a  new 
election  for  Members  of  the  House  of  Kepresentatives;  and  if  the 
alteration  proposed  by  the  Legislature  shall  be  agreed  to  in  their  first 
session  by  two-thirds  of  the  whole  Representation  in  each  branch  of 
the  Legislature,  after  the  same  shall  have  been  read  on  three  several 
days,  in  each  House,  then,  and  not  otherwise,  the  same  shall  become  a 
part  of  the  Constitution.'* 

Done  at  Charleston,  the  fourth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one. 

D..F.  JAMISON,   President.    • 

Attest :  B.  F.  Arthur,   Clerk. 


97 


770  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  reas- 
sembled by  appointment  of  the  President  thereof,  at  Cha^le^'ton, 
on  the  twenty-sixth  day  of  j\Jarch,  in  the  year  of  our  Lord  one 
thousand  eiglit  hundred  and  sixty-one,  and  tl^ence  continued  by 
divers  adjournments  to  the  fourth  day  of  ApriJ,  in  the  same  year. 

.AN   ORDINANCE 
To  amend  an  Ordinance  concerning  Citizenship. 

We,  the  People  of  the  Slate  of  South  Carolina,  in  Convention  as- 
semhlcd,  do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained : 

That  the  first  Section  of  an  Ordinance,  entitled,  "An  Ordinance 
concerning  Citizenship,"  ratified  the  fir§t  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eic;ht  liundred  and  sixty-one,  be,  and  the 
same  is  hereby,  altered  and  amended,  so  as  to  read  as  follows :  "  Every 
person  who,  at  the  date  of  the  Ordinance  of  Secession,  was  by  birth, 
residence,  or  naturalization,  a  citizen  of  this  State,  shall  continue  a 
6itizen  thereof,  unless  a  foreign  residence  shall  be  established  by  such 
person,  with  the  intention  of  expatriation." 

Done  at  Charleston,  the  fourth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,  President. 

Attest:    B.  F.  Arthur,   Clerk. 


SECOND   SESSION.  771 

The  State  op  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Charleston, 
"on  the  twenty-sixth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments  to  the  fourth  day  of  April  in   the  same  year. 

AN.  OUDINANCE 

To  repeal  sundry  Ordinances,  and  to  alter  the  fourth  Article  and 
sundry  Sections  of  the  Constitution. 

We,  tJie  Peojile  o/tRe  State  of  South  Carolina^  in  Convention  assem- 
bled, do  dbclare  and  ordain,  and  it  is  herthi/  declared  and  ordained,  as 
follows  : 

The  Ordinance  ratiBed  by  us  in  Convention,  on  the  twenty-second 
day  of  December,  one  thousand  eight  hundred  and  sixty,  entitled  "An 
Ordinance  to  make  provisional  Pi)st;d  Arrangements  in  South  Carolina;" 
also,  the  Ordinance  ratified  on  the  twenty-sixth  day  of  December,  one 
thousand  eight  hundred  and  sixty,  entitled  "  An  Ordinatiee  to  make 
provisional  arrangements  for  the  continuance  of  Commercial  Facilities 
in  South  Carolina;  "  also,  the  Ordinance  ratified  on  the  twenty-seventh 
day  of  December,  one  thousand  eight  hundred  and  sixty,  entitled  "  Au 
Ordinance  to  alter  the  Constitution  of  the  State  of  South  Carolina,  by 
striking  out  certain  words  in  sundry  places;"  also,  the  Ordinance 
ratified  on  the  fifth  day  of  January,  one  thbusand  eight  hundred  and 
sixty-one,  entitled  **  An  Ordinance  to  vest  in  the  General  Assembly 
the  power  of  establishing  Postiil  Arrangements,"  shall  be,  and  the  same 
are  hereby,  repealed.  The  Ordinance,  ratifiod  on  the  thirty-first  day  of 
December,  one  thousand  eiglit  huudreil  and  sixty,  entitled  "An  Ordi- 
nance concerning  powers  lately  vested  in  the  (Congress  of  the  United 
States;"  also,  the  Ordinance,  ratified  on  the  thirty-first  day  of  Decem- 
ber, one  thousand  eight  hundred  and  sixty,  entitled  "An  Ordinance 
concerning  Judicial  Powers,"  shall  be,  and  the  same  are  hereby,  re- 
pealed, so  far  as  they  are  inconsistent  with  the  Constitution  of  the  Con- 
federate States  of  America.  The  various  amendments  heretofore  made 
to  the  fourth  Article  of  the  Constitution  of  the  State  of  South  Carolina, 
shall  be,  and  the  same  are  hereby,  repealed.  And  the  fourth  Article, 
and  sundry  Sections  of  the  Constitution  of  the  State  of  South  Carolina, 
be  altered  and  amended,  so  as  to  read  as  fullowa,  to  wit: 


772  ORDINANCES  OF  THE 

.Article  I.,  Section  4.  Every  free  white  man  of  the  age  of  twenty- 
one  years,  paupers,  and  con-comniissioncd  oflBcers  and  private  soldiers 
of  the  army  of  the  Confederate  States  of  America  excepted,  who  hath 
been  a  citizen  and  resident  in  this  State  two  years  previous  to  the  day 
of  election,  and  who  hath  a  freehold  of  fifty  acres  of  land,  or  a  town  lot, 
of  which  he  hath  been-legally  seized  and  possessed,  at  least  six  months 
before  such  election,  or  not  having  such  freehold,  or  town  lot,  hath 
b6en  a  resident  in  the  election  district  iu  which  he  offers  to  give  his 
vote,  six  months  before  the  said  election,  shall  have  a  right  to  vote  for 
a  member  or  members,  to  serve  in  either  branch  of  the  Legislature,  for 
the  election  district,  in  which  he  holds  such  property,' or  is  so  resident. 
Section  21.  No  person  shall  be  eligible  to  a  seat  in  the  Legislature, 
whilst  he  holds  any  office  of  profit  or  trust  under  this  State,  the  Con- 
federate States  of  America,  or  either  of  them,  or  under  any  other 
power,  except  officers  in  the  militia,  army  or  navy  of  this  State, 
Justices  of  the  Peace,  or  Justices  of  the  County  Courts,  while  they 
receive  no  salaries ;  nor  shall  any  contractor  of  the  army  or  navy  of 
this  State,  the  Confederate  States  of  America,  or  either  of  them,  or  the 
agents  of 'i?uch  contractor,  be  eligible  to  a  seat  in  either  House.  And 
if  any  member  shall  accept  or  exercise  any  of  the  said  disqualifying 
offices,  he  shall  vacate  his  seat. 

Article  IL,  Section  2,  Clause  3.  No  person  shall  hold  the  office 
of  Governor,  and  any  other  office  or  commission,  civil  or  military  (ex- 
cept in  the  militia),  either  in  this  State,  or  under  the  Confederate 
States  of  America,  or  either  of  tbem,  or  under  any  other  power  at  one 
and  the  same  time.  Section  5,  In  case  of  the  impeachment  of  the 
Governor,  or  his  removal  from  office,  death,  resignation,  or  removal 
from  the  State,  the  Lieutenant  Governor  shall  succeed  to  his  office. 
And  in  case  of  the  impeachment  of  the  Licntcnant  Governor,  or  his 
removal  from  office,  death,  resignation,  or  removal  from  the  State,  the 
President  of  the  Senate  shall  succeed  to  his  office,  till  a  nomination  to 
those  offices,  respectively,  shall  be  made  by  the  Senate  and  House  of 
Representatives,  for  the  remainder  of  the  time  for  which  the  officer  so 
impeached,  removed  from  office,  dying,  resigning,  or  removed  from  the 
State,  was  elected.  Section  (3.  The  Governor  shall  be  Commander-in- 
Chief  of  the  army  and  navy  of  this  State,  and  of  the  militia,  except 
when  they  shall  be  called  into  the  actual  service  of  the  Confederate 
States  of  America. 

Article  III.,  Section  1.  The  judicial  power  shall  be  vested  in  such 
Superior  and  Inferior  Courts  of  Law  and  Equity  as  the  Legislature  shall 


SECOND  SESSION.  *•  773 

from  time  to  time  direct  and  establish.  The  Judges  of  each  shall  hold 
their  commissions  during  good  behavior;"  and  Judges  of  the  Superior 
Courts  shall,  at  stated  times,  receive  a  compensation  for  their  services, 
whic\i  shall  neither  be  increased  nor  diminished  during  their  continuance 
in  office  ;  but  they  shall  receive  no  fees  or  perquisites  of  office,  nor 
hold  any  other  office  of  profit  or  trust  under  this  State,  the  Confederate 
States  of  America,  vr  any  other  power. 

Article  IV.  All  persons  who  shall  be  elected,  or  appointed  to  any 
office  of  profit  or  trust,  before  entering  on  the  execution  thereof,  shall 
take  (besides  special  oaths  not  repugnant  to  this  Constitution,  pre- 
scribed by  the  General  Assembly)  the  following  oath  :  "  I  do  solemnly 
swear  (or  affirm)  that  I  will  be  faithful,  and  true  allegiance  bear  to  the 
State  of  South  Carolina,  so  long  as  I  may  continue  a  citizen  thereof,  and 
that  I  am  duly  qualified,  according  to  the  Constitution  of  this  State,  to 
exercise  the  office  to  which  I  have  been  appointed  ;  and  that  I  will, 
to  the  best  of  my  ability,  discharge  the  duties  thereof,  and  preserve, 
protect  and  defend  the  Constitution  of  this  State,  and  that  of  the  Con- 
federate States  of  America.     So -help  me  God." 

Done  at  Charleston,  the  fourth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,  President. 
Attest:    B.  F.  Arthur,   CJerk. 


774  •  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
nasembled  by  appointment  of  the  President  thereof,  at  Charles- 
ton, on  the  twenty-sixth  day  of  March,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one,  and  thence  continued 
by  divers  adjournments  to  the  eighth  day  of  April,  in  the  same 
year. 

AN  ORDINANCE 

To  Ratify  the   Provisional  Constitution  and   Government  of  the   Con- 
federate ^  tates  of  America. 

We,  the  People  of  South  Carolina,  now  met  and  sittinj  in  Cunvcn- 
tion,  do  hereby  ordain  : 

That  the  Provisional  Constitution  for  tlie  Confederate  States  of 
America,  framed  and  agreed  to  by  our  deputies,  at  the  City  of  Mont- 
gomery, in.  the    State   of   Alabama,    on  the day  of  February 

last,  be,  and  it  is  hereby,  accepted'  and  ratihed ;  and  that  the 
Government  organised  in  pursuance  thereof  is  hereby  approved  and 
made  valid,  according  to  tlie  terms  of  limilation  expressed  in  said 
Constitution. 

Done  at  Charleston,  the  eighth  day  of  April,  in  the  year  of  our  Lord 
one   thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,  Premlnd. 
Attest.:  -Bt  F.  Artuur,  Clerk. 


SECOND  SESSION.  775 

The  State  op  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina^  reas- 
sembled by  appointn-ent  of  the  President  thereof,  at  Charleston, 
on  the  twenty-sixth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  aftd  thence  continued  by 
divers  adjourniuents,  to  the  eighth  day  of  April,  in  the  same  year. 

AN  ORDINANCE 

To  repeal  in  parf,  and  alter  in  part,  the  Ordinance  entitled,  "An  Ordi- 
nance to  amend  the  Constitution  of  the  State  of  South  Carolina  in 
respect  to  the  Executive  Department." 

We,  the  People  of  the  State  of  South  Carolina,  in    Convention   o.s- 
semhled,  do  declare  and  ordain,  and  it  is  her  eh  1/ declared  and  ordained : 

The  first  Section  of  the  Ordinance,  ratified  on  the  twenty-seventh 
day  of  December,  one  thousand  eight  hundred  and  sixty,  entitled  "An 
Ordinance  to  amend  the  Constitution  of  the  State  of  South  Carolina  ' 
in  respect  to  the  Executive  Department,"  is  hereby  repealed.  The 
second  Section  of  the  said  Ordinance  is  hereby  altered,  so  that  the 
faithful  servants  of  the  State,  who  have  heretofore  constituted  the  Ex- 
ecutive Council,  shall  be  relieved  from  the  duties  which  have  been  as- 
signcd^o  them  under  that  section,  so  soon -as,. in  the  opinion  of  the 
GoveML  the  pressing  exigency  of  public  affairs  will  permit,  except 
two,  t^^t :  the  Lieutenant  Governor  and  a  member  of  the  Council 
who  may  be  charged  with  the  Treasury  Department,  and  these  two  at 
the  discretion  of  the' Governor,  may  be  retained,  but  not  beyond  the 
adjournment  of  the  Legislature,  after  its  next  sitting,  unless  the  Legis- 
lature should  otherwise, direct. 

Done  at  Charleston,  the  eighth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty  one. 

D.  F.  JAMISON,  President. 
Attest :  B.  F.  ARtnuR,  Clerk. 


776  ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

Afca  Convention  of  the  People  of  the  State  of  South  Carolma,  re- 
assembled by  ajTpointnient  of  the  President  thereof,  at  Charleston, 
on  the  twent3'-sixth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hun'drcd  and  sixty-one,  and  thence  continued  by 
divers  adjournments  to  the  eighth  day  of  April  in  the  same  year. 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  Slates  of  America 
the  use  and   occupancy   of  the  forts,  arsenals,- navy  yards,  custom 
.    houses,  and  other  public  sites,  within  the  limits  of  this  State. 

We,  the  People  of  South  Carolina,  in  Convention  assembled,  do  or- 
dain and  declare,  and  it  is  hcrehy  ordained  and  declared,  by  the  au- 
thority of  the  same  : 

That  the  Government  of  the  Confederate  States  of  America  is  hereby 
authorized  to  occupy,  use  and  hold  possession  of  all  forts,  navy  yards, 
arsenals,  custom  houses,  and  other  public  sites,  within  the  limits  of 
this  State,  and  their  appurtenances,  lately  in  the  possession  of  the 
United  States  of  America,  together  with  Fort  Sumter,  and  to  repair, 
rebuild  and  control  the  same  at  its  discretion,  until  this  Ordinance  be 
repealed  by  a  Convention  of  the  People  of  this  State. 

Done  at  Charleston,  the  eighth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON,  President. 

Attest :  B.  F.  Arthur,  Clerk. 


SECOND  SESSION.  777 

A  BILL 

To  alter  and   amend  tlie  Third  Section  of  the  First  Article  of  the 
Constitution  of  this  State. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now 
met  and  sitting  in  General  Assembly',  and  by  the  authority  of  the 
same,  That  the  Election  District  declared  and  known  in  the  Constitu- 
tion by  the  name  of  Claremont,  shall  be  hereafter  known  and  recognized 
by  the  name  of  Sumter. 

II.  Be  it  further  enactedhy  the  authority  aforesaid,  That  the  Elec- 
tion District  declared  and  known  in  the  Constitution  by  the  name  of 
Liberty,  shall  be  hereafter  known  and  recognized  by  the  name  of 
Marion.  • 

In  the  Senate  House,  th«  fourth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty,  and  in  the  eighty- 
fifth  year  of  the  sovereignty  and  independence  of  the  United 
States  of  America.  . 
We  do  certify  that  the  foregoing  Bill  has  been  read  three  times,  on 
three  several  days,  in  the  House  of  Bepresentatives,  and  three 
times,  on  three  several  days;  in  the  Senate,  and  was  agreed  to  by 
two-thirds  of  the  whole  representation  in  both  branches  of  the 
Legislature. 

WILLIAM  D.  EOrxTER, 

President  of  the  Senate. 
.lAMES  SIMONS, 
Speaker  House  of  Representatives 


08 


778  ORDINANCES  OF  THE 

A  BILL 

To  alter  and  amend  the  Tenth   Section   of  the  First  Article  of  the 
Constitution  of  the  State  of  South  Carolina. 

I.  Be  it  enacted  by  the  Senate  and  Ilouse  of  Representatives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  the  tenth  Section  of  the  first  Article  of  the  Constitution  of 
this  State  be  altered  and  amended,  to  read  asfollows:  Senators  and 
Members  of  the  House  of  Representatives  shall  be  chosen  .on  the  Tues- 
day after  the  second  Monday  in  "October,  in  the  year  of«  our  Lord  one 
thousand  eight  hundred  and  sixty-two,  and  on  the  same  day  in  every 
second  year  thereafter,  in  such  manner  and  at  such  times  as  are  herein 
directed,  and  shall «neet  on  the  fourth  Monday  in  November,  annually, 
at  Columbia  (which  shall  remain  the  seat  of  Government  until  other- 
wise determined  by  the  concurrence  of  two^-thirds  of  both  branches  of 
the  whole  representation),  unless  the  casualties  of  war,  or  contagious 
disorders,  should  render  it  unsafe  to  meet  there;  in  either  of  which 
cases,  the  Governor  or  Commander-in-Chief  for  the  time  being  may, 
by  proclamation,  appoint  a  more  secure  and  convenient  place  of  meet- 
ing: Provided,  That  nothing  herein  contained  shall  be  so  construed  as 
to  apply  to  those  Senators  whose  term  of  office  will  not  expire  on  the 
second  Monday  in  October,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-two. 

In  the  Senate  House,  the  twenty-eighth  day  of  January,  in  the  yeao* 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the 
eighty-fifth  year  of  the  sovereignty  and  independence  of  the  State 
of  South  Carolina. 

We  certify  that  this  Bill  has  bc(in  read  three  times  in  the  House  of 
Representatives,  and  three  timtes  in  the  Senate,  at  the  present 
session,  and  was  agreed  to  by  two-thirds  of  the  whole  rcpresen- 
\ation. 

WILLIAM  D.  PORTER, 

President  of  the"  Senate. 
JAMES  SIMONS, 

SjKaker  House  of  Representatives. 


THIRD 'SESSION.  779 

The  State  op  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  reas- 
sembled bj  appointment  of  the  President  thereof,  at  Columbia,  oa 
the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued,  by 
divers  adjournments,  to  the  second  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-two. 

AN   ORDINANCE 

To  provide  for  the  Removal  of  Negroes  and  other  Property  from  por- 
tions of  the  State  which  may  be  Invaded  by  the  Enemy. 

We,  the  People  of  (he  Stale  of  South  Carolina,  in  Convention  as- 
semblad,  do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained : 

Section  1.  That  for  the  purpose  of  more  fully  accomplishing  the 
objects  of  this  Ordinance,  there  shall  be  elected,  by  this  Convention, 
a  Commission  of  three  citizens  for  each  of  the  Districts  of  Horry, 
Georgetown,  Charleston,  Colleton  and  Beaufort;  and  the  citizens  con- 
stituting such  Commission  shall  be  fully  authorized  to  exercise  the 
powers  hereinafter  provided  for  the  said  Commission. 

Sec.  2.  That  whenever  there  shall  be  reason  to  believe  that  any 
portion  of  the  State,  not  now  in  the  actual  possession  of  the  enemy, 
may  come  into  his  possession,  or  the  Commanding  General  of  the  Con- 
federate forces  shall  notify  any  one  of  the  said  Commissions  that  a  re- 
moval of  the  slaves  within  the  District  of  said  Commission,  or  any 
portion  tdicreof,  is  necessary  for  the  successful  prosecution  of  his  mili- 
tary duties,  or  it  shall  appear  to  the  said  Commission  that  such  removal 
is  otherwise  requind  by  the  public  interest,  it  shall  be  the  duty  of  the 
Commission  for  the  District  in  which  such  portion  of  the  State  maybe, 
to  notify  all  persons  therein  residing  and  owning  negroes,  or  havin<T 
them  in  charge,  forthwith  to  remove  and  take  with  them,  beyond  a 
line  to  be  designated  by  the  Commissioners,  such  negroes  and  such  other 
property  to  them  belonging  or  in  their  charge,  as  it  may  be  practicable 
to  carry  with  them.  And  fur  such  removal  the  said  Commission  shall 
give  such  aid  as  may  be  necessary,  and  it  can  command.  And  if  any 
person  or  persons,  residing  in  such  portions  of  the  State,  and  there 
owning  or  having  negroes  in  charge,  shall,  after  having  received  from 
the  said  Commission  the  notice  before  mentioned,  refuse  or  ne<^lect  to 


780  ORDINANCES  OF  THE 

remove  and  take  •with  tbcm  such  negroes,  it  shall  then  be  the  duty  of 
the  snid  Commission  to  compel  the  removal  of  such  negroes.  And  the 
said  Commission  shall,  in  all  cases  where  it  may  be  necessary,  apply 
to  the  commanding  oificer  of  the  military  forces  in  the  District,  for 
suoh  aid  as  may  be  requisite  for  the  removal  of  any  negroes,  an(>  con- 
ducting them  to  a  place  of  safety. 

Sec.  o.  It  shall  be  the  duty  of  the  said  Commission,  in  all  cases  of 
removal  of  negroes  under  this  Ordinance,  to  cause  to  be  carried  and 
removed  with  such  negroes,  if  practicable,  so  much  of  the  provisions 
which  belong  to  the  o^r;er  or  owners,  or  persons  having  charge  of  such 
negroes,  as  will  be  necessary  for  their  support,  or  to  sell  the  same  and 
apply  the  proceeds  to  the  support  of  such  negroes. 

Sec.  4.  In  allcases  where  the  owner  or  owners,  or  persons  having 
charge  of  negroes  to  be  removed  under  this  Ordinance,  shall  have  pre- 
pared or  provided  a  place  or  places  to  which  such  negroes  can  be  car- 
ried, it  shall  be  the  duty  of  the  said  Conimission  to  give  to  the  owner 
or  owners,  or  persons  having  charge  of  such  negroes,  such  aid  for  their 
removal  as  may  be  necessary,  and  the  Commission  can  command.  And 
if  the  owner  or  owners,  or  persons  having  charge  of  negroes  to  be  re- 
moved under  this  Ordinance,  shall  not  have  prepared  or  provided  any 
place  or  places  to  which  such  negroes  can  be  carried,  it  shall  then  be 
the  duty  of  the  said  Commission  to  cause  such  negroes,  with  the  pro- 
visions for  their  support,  to  be  removed  and  carried  to  tuch  place  or 
places  as  the  said  Commission  shall  or  may  procure,  with  the  consent 
of  the  owner  or  owners  of  such  place  or  places,  and  upon  such  terms 
as  may  be  agreed  upon  for  the  use  and  occupation  of  such  place  or 
places.  And,  upon  the  reuioval  of  the  negroes  and  provisions,  if  any, 
to  such  place  or  places,  they  shall  be  no  longer  under  the  charge  of  the 
said  Commission,  but  shall  be  restored  to  the  control  of  the  owner  or 
owners,  or  persons  entitled  to  the  cliarge  of  them. 

Sec.  5.  It  shall  be  the  duty  of  the  said  Con)niission,  without  delay, 
to  procure  and  provide  placets  to  which  negroes  may  be  carried  under 
this  Ordinance.  And  to  such  of  these  places  as  may  be  considered 
best  for  that  purpose,  it  shall  be  the  duty,  also,  of  the  said  Commission, 
to  cause  to  be  carried,  and  there  safely  kept,  such  supplies  of  provi- 
sions as  the  said  Commissiou  niay,  and  is  hereby,  authorized  to 
purchase.  And  such  supplies  of  provisions,  at  such  places,  shall  be 
considered  public  granaries,  to  be  used  under  the  authority  of  the  said 
Commission,  for  the  support  of  negroes  removed  under  this  Ordinance; 


TniRD  SESSION.  781 

and  whose  owner  or  owners,  or  persons  in  charge  of  them,  are  unable 
otherwise  to  provide  for  their  support. 

Sec.  6.  Whenever  the  owner  or  owners,  or  persons  in  charge  of 
negroes  removed  under  this  Ordinance,  shall  be  unable  to  employ  them 
at  the  place  or  places  to  which  they  have  been  removed,  it  shall  be  the 
duty  of  the  said  Commission  to  confer  with  the  Executive  Authority  of 
this  State  as  to  the  employment  which  can  be  given  to  such  negroes, 
on  the  public  works  or  in  the  public  service  of-  the  State,  on  iu  any 
other  manner  by  which  the  expense  of  their  removal  or  support  cau 
be  saved.  And,  iu  all  such  cases,  the  owner  or  owners,  or  persons  in 
charge  of  such  negroes,  if  practicable,  shall  be  consulfed  as  to  the  em- 
ployment of  such  negroes,  and  all  such  regulations  shall  be  made  for 
their  safety  and  protection  as  such  owner  or  owners,  or  persons  in 
charge  of  such  negroes',  shall  reasonably  suggest. 

Sec.  7.  The  said  Commission  shall  maintain  frequent  communica- 
tions with  the  Commanding  General  of  the  Confederate  forces  within 
this  State,»  that  it  may  be  constantly  informed  of  the  necessity  which 
may,  from  time  to  time,  exist  or  arise  for  its  exercise  of  the  powers 
herein  given  and  its  discharge  of  the  duties  hereby  imposed. 

Sec.  8.  The  said  Commission  shall  keep  a  record  of  all  its  proceed- 
ings under  this  Ordinance,  and  report  the  same  to  the  General  Assem- 
bly of  this  State  at  its  next  annual  meeting;  unless,  previous 'to  that 
time,  this  Convention  shall  be  again  a.ssemblcd.  And,  if  so,  such  re- 
port shall  then  be  made  to  this  Convention. 

Sec.  9.  AVhen  any  t^um  of  money  shall  be  expended  by  or  under 
the  authority  of  the  Commissions  herein  provided  for,  in  the  .removal 
or  support  of  the  slaves  or  in  the  removal  of  the  produce  or  other  prop- 
erty of  any  person,  there  shall  be  a  specific  lien  upon  the  said  slaves 
of  such  person  for  t\^e  repayu)eut  of  the  said  suili  of  money  after  the 
termination  of  the  existing  war;  which  lien  may  be  summarily  en- 
forced by  seizure  and  sale. 

Sec.  10.  That  each  Commission  are  hereby  authorized  to  draw  upon 
the  Treasury  of  the  State  for  the  sums  of  money  which  may  be  neces- 
sary to  enable  them  to  execute  the  provisions  of  this  Ordinance;  and 
that  the  Legislature  be  directed  to  provide  ways  and  means  to  reim- 
burse the  Treasury. 

Sec.  11.  That  in  the  event  of  any  vacancy  in  said  Commission,  the 
Coaimission  .'■hall  have  power  to  fill  such  vacancy. 

Sec.  12.  That  all  corporations  and  owneri  of  ferries,  whose  means 


782  OKDINANCES  OF  THE 

and  facilities  of  transportation  may  be  used  in  carrying  out  the  pur- 
poses of  this  Ordinance,  shall  not  be  allowed  to  charge  more  than  half 
the  present  rates. 

Done  at  Columbia^  the  second  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.    F.   JAMISON,   Prcsi-Jent. 
Attest':  B.  F.  Arthur,  Clrr/.-. 


Jiesolvcd,  That  any  person  or  persons  willing  immediately,  or  in 
anticipation  of  the  order  of  the  Commission,  to  remove  their  negroes 
and  necessary  provisions  for  their  support  under  the  terms  of  an 
Ordinance  entitled  "  An  Oidinance  to  provide  for  the  removal  of  ne- 
groes and  other  property  from  portions  of  the  State  that  may  bo  invaded 
by  the  enemy,"  be,  and  the  game  are  hereby,  entitled  to  receive  all  such 
aid,  on  application  to  the  Commission,  as  is  prescribed  by  said  Ordi- 
nance lo  be  afforded  to  those  who  remove  on  notice  ;  and  the  Commis-^ 
sion  is  hereby  directed  to  afford  the  said  aid,  so  far  as  the  same  may  be 
expedient  or  practicable;  and  further,  that  all  means  of  transportation 
shall  beMflforded  by  corporations  and  private  ferries  under  the  terms  of 
said  Ordinance. 

Dune    at  Columbia,  the  third  day   of  January,  in   the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,   Clerk. 


*  Resolved,  That  the  injunction  of  secrecy  be  removed  in  relation  to 
the  Ordinance  providing  for  the  removal  of  slaves,  and  the  resolution 
passed  amendatory  thereof,  in  so  far  as  to  permit  the  communication  of 
a  certified  copy  of  the  Ordinance  to  each  of  the  Commissioners,  with 
leave  to  make  known  so  much  of  the  Ordinance  as  may  be  necessary  tq 
the  several  parties  interested  therein,  and  to  the  commanding  Generals 
of  the  Confederate  forces  in  this  State. 

D.  F.   JAMISONj  President. 
Attest :  B.  F.  Arthur,  Clerk. 


THIRD  SESSION.  783 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  ^outh  Carolina,  re- 
aps^mbled  by  appointment  of  the  President  thereof,  at  Columbia, 
on  the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjgurnmcnts,  to  the  second  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-two.    •  , 

AN  ORDINANCE 

To  exempt  Overseers  from  the  performance  of  Militia  Duty. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  herehi/  declared  and  ordained: 
Sec.  1.  That  during  tKe  time  when  any  portion  of  the  State  may  be  ia 
the  possession  of  or  under  the  control  of  the  forces  of  the  United  States, 
it  shall  and  may  be  lawful  for  every  owner,  agent  or  trustee  iu  charge 
of  a  plantation  and  negroes,  |ind  who  shall  desire  to  keep  upon  the  saiJ 
plantation  the  Overseer  of  the  negroes  thereon,  to  apply  to  the  Adju- 
.tant  and  Inspector  General  of  the  State,  setting  forth  the  number  of 
negroes  under  the  charge  of  the  said  Overseer,  and  the  situation  of 
the  plantation.  And  the  Adjutant  and  Inspector  General  may  there- 
upon makq  an  order  exempting  such  Overseer  from  militia  duty,  except 
as  an  alarm  man,  and  furnish  also  such  Ovcjseer  with  a  copy  of  the 
order. 

Sec.  2.  The  order  of  the  Adjutant  General  shall  be  given  where 
the  number  of  slaves  exceeds  fifteen  working  hands,  and  the  owner  or 
other  person  having  charge  of  the  plantation  is  absent  in  the  service  of 
the  State,  or  is  above  the  age  of  sixty  years,  or  is  decrepid  or  a  female ; 
and  in  general  wherever  of  fifteen  or  more  slaves  there  is  no  white  male 
left  for  protection  and  government  be.'^idcs  the  Overseer;  but  in  no 
case  shall  the  order  exempt  the  Overseer  from  the  performance  of  or- 
dinary militia  duty,  from  patrol  duty,  or  from  any  police  duty  which 
may  be  recjuired'  of  him. 

Done  at  Columbia,  the  second  day  of  January,  in  the  y«ar  of  our 
Lord  one  thousand  eight  hundred  and  sixty  two. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,  Clerk. 


784  'ORDINANCES  OF  THE 

The  State  of  South  Carolina. 

At  a  Convention, of  the  People  of  the  State  of  South  Carolina,  reas- 
sembled by  appointment  of  the  Prc;;iclcnt  thereof,  at  Colupibia,  on 
the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments,  to  the  sixth  day  of  January,  in  the  year  of 

^    our  Lord  one  thousand  eight  hundred  and  sixty-two, 

AN  ORDINANCE 

To  provide  for  holding  Elections  for  Districts  occupied  or  threatened 

by  the  enemy. 

We,  the  People  of  (he  State  of  South  Carolina,  in  Convention  assem- 
bled do  declare  and  ordain,  and  it  is  here!)//  declared  and  ordained : 

That  when,  during  the  continuance  of  the  existing  war  between 
the  Confederate  ^^tates  of  America  and  the  United  States,  some 
or  all  of  the  places  of  voting  in  any  Election  District  of  this  State 
shall  be  occupied,  or  threatened  by  the  enemy,  so  that,  in  the 
opinion  of  the  Executive  authority,  an  election  cannot  be  conducted 
therein  with  composure,  it  shall  be  competent  for  the  Executive 
authority,  by  proclamation,  to  give  notice  of  any  election,  at  vihich  the 
voters  of  the  said  Electiou  District  would,  in  a  condition  of  peace,  be 
entitled  to  vote;  and  by  the  said  proclamation  (which  shall  be  pub- 
lished at  least  a  fortnight  before  the  day  lixed  fur  the  said  election,)  to 
direot  in  what  neighboring  Election  Districts  the  said  voters  may  vote 
at  the  said  election,  and  at  what  places  therein,  and  how  and  by  whom 
the  said  election  shall  be  conducted,  and  how,  when  and  where  the  re- 
sult of  the  said  election  shall  be  ascertained  and  declared.  An  election 
had  under  the  provisions  of  ihe  proclamation  aforementioned  shall  be 
as  valid  and  etfectual  as  if  it  had  been  regularly  had  in  the  Eleetion 

District  first  abovementioned. 

* 
Done  at  Columbia,  the  sixth  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-two'. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,  Cleric. 


*  THIRD  SESSIOJJt.  785 

r 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  reas- 
sembled  by  appointment  of  the  3'resident  thereof,  at  Columbia,  on 
the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments,  to  the  sixth  day  of  J.\nuary,  in  the  year  of 
out  Lord  one  tliousand  eight  hundred  and  sixty-two. 

AN  ORDINANCE 

To  enable  citizens  of  this  State,  who  are  engaged  in  military  service 
to  exercise  the  right  of  Suffrage. 

]Ve,  the  People  o  "  the  State  of  South    Carolina,  in    Convention  as- 
sembled, do  declare  and  ordain,  and  it  is  her.ehy  declared  and  ordained  : 

Sec.  1.  That  all  citizens  of  this  State,  who  are  engaged  in  the  mili- 
tary service  either  of  this  State  or  of  the  Confederate  States,  and  on  that 
account  are  absent  from  their  respective  Election  Districts  at  the  time 
of  any  general  or  District  election,  shall  be  entitled  to  exercise  the  rio^ht  * 
of  suffrage  in  all  respects  as  fully  as  they  could  do  were  thoy  present 
in  their  respective  Election  Districts. 

Sec.  2.  That  for  the  purpose  of  enabling  such  persons  so  to  exercise 
the  right  of  suffrage,  it  shall  be  their  privilege,  when  any  two  or  more 
may  be  at  the  same  camp,  or  other  place  where  soldiers  arccongrecated 
to  have  opened  at  such  camp  or  other  place,  a  poll,  to  be  managed  by 
any  two  commissioned  officers,  citizens  of  this  State^  who  may  be  by 
Buch  voters  selected  to  manage  the  same. 

Sec.  S.'That  before  entering  upon  the  management  of  such  poll,  the 
Managers  shall  take  the  oath  prescribed  by  the  laws  of  this  State  to  be 
administered  to  Managers  of  Elections,  which  oath  they  are  hereby 
aiithorized  to  administer  to  each  other;  and  they  are  further  empowered 
to  administer  to  the  voters  the  oath  prescribed  for  that  purpose  by  the 
laws  of  this  State. 

Sec.  4.  That  in  the  management  of  such  poll,  the  Managers  shall   • 
make  a  schedule  containing — 

1.  A  caption,  setting  forth  the  place  and  time  such  election  was 
held,  and  the  Election  District  and  the  office  for  which  it  was  held. 

2.  The  names  of  all  the  voters,  enrolled  by  the  Managers,  and  sub- 
scribed by  the  voters  to  the  oath   administered  to  each;  each    voter 

99 


786  ORDINANCES  OF  THE 

affixing;  hfs  signature,  by  his  own  hand,  opposite  to  his  name  enrolled  by 
the  Jlanajrcrs. 

3.  An  attestation  signed  by  the  Managers. 

Sec.  5.  Tliat  immediately  on  closing  the  poll,  the  ^lanagcrs^  shall 
proceed  to  count  the  ballots,  and  shall  subjoin  to  the  schedule  above 
ipentioncd,  a  certificate,  under  their  hands,  setting  forth  the  fact  of 
counting  and  the  number  of  votes  cast  for  each  individual.  And  the 
Managers  shall  thereupon  enclose  the  said  schedule  and  certificate,  under 
sealed  cover,  addressed  to  the  Clerk  of  the  Court  of  the  Judicial  Dis- 
trict in  which  such  Election  District  may  be  situated,  and  endorsed 

"  Election  Return  for — —  Election  District,  for  office  of  ," 

and  transmit  the  same  by  mail,  or  by  some  messenger  to  be  employed 
at  the  cx"pense  of  the  voters.  And  if  the  election  shall  be  for  a  mem- 
ber of  Congress,  with  the  said  schedule  and  certificate,  shall  be  en- 
veloped the  ballots  cast. 

Sec.  6.  That  the  said  poll  shall   be  opened  on    the  day  fixed    for 
such  election  to  be  had  in  the  Election  District  to  which  it  pertains,  or 
on  any  day  within  ten  days  preceding  that  day  (not   computing   that 
*  clay),  and  at  such  hours  as  the  Managers  may  designate  as  most  con- 
venient. 

Sec.  7.  That  it  shall  be  the  duty  of  the  Clerk  of  the  Court  by  whom 
any  such  election  return  may  have  been  received,  to  deliver  or  transmit 
the  same  to  the  Managers  of  Elections  for  such  Election  District,  on  or 
before  the  daj  on  which  they  may  assemble  at  tlie  Court  House  or  other 
place  appointed  by  law  for  declaring  such  election.  And  the  Managers 
so  assembled  shall  proceed  to  aggregate  the  returns  which  may  be  thus 
received  with  the  returns  which  shall  have  been  made  by  them  from 
the  District  precincts,  and  shall  declare  the  election  as  now  provided 
by  law;  and,  if  the  election  be  for  a  member  of  Congress,  shall  trans- 
mit the  schedule,  certificate  and  ballots  aforementioned,  to  the  office  of 
the  Secretary  of  State,  along  with  the  ballots  cast  in  the  Election  Dis- 
trict. 

Sec.  8.  The  Executive  authority  shall  cause  to  be  prepared  and  sent 
•    to  the  Colonels  of  the  various  Regiments  of  this  State  engaged  iu 
actual  service,  blank  forms  for  the  schedules  and  certificates  above  re- 
quired, which  shall  contain  the  oaths  of  Managers  and  voters. 

Sec.  9.  That  this  Ordinance  shall  continue  of  force  pnly  during  the 
continuance  of  the  existing  war  between  the  Confederate  States  of 
America  and  the  United  States;  and  shall  be,  and  is  hereby  declared 
to  be,  a  substitute  for  the  provisions  of  an  .Act  of  the  General    Assem- 


THIRD  SESSION".  787 

bly  of  this  State,  entitled  "An  Act  to  enable  Volunteers  in  the  Mili- 
tarj  service  to  exercise  the  right  of  suffrage,"  ratified  the  twenty-first 
day  of  December,  ia  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one  :  Provided,  That  in  any  election  which  ni,ny  be  hold  for 
a  District  officer,  before  the  first  day  of  February  noxt,  the  said  Act 
shall  prevail  according  to  its  terms  and  provisions. 

Done  at  Columbia,  on  the  sixth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.   F.  JAMISOX,  President. 
Attest :  B.  F.  Arthur,  C^er/c. 


788  '        ORDINANCES  OF  THE        *  ,    " 

The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  (Columbia, 
on  the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued,  by 
divers  ai'journmeats,  to  the  sixth  day  of  January,  iu  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

AN  ORDINANCE 

To  suspend  in  part  the  operation  of  an  Act  of  the  General  Assembly, 
entitled  "An  Act  for  regulating  and  fixing  the  Salaries  of  several 
Officers,  and  for  other  purposes  therein  mentioned." 

We,  the  People  of  the  State  oj  South  Carolina,  in  Convention  assem,' 
bled,  do  declare  and  oi'd<iin,  and  it  is  herchi/  declared  and  ordained  : 

That  the  operation  of  the  third  section  of  an  Act  of  the  General 
Assembly,  entitled  "An  Act  for  regulating  and  fixing  the  salaries  of 
several  officers,  and  for  otlier  purposes  therein  mentioned,"  ratified  the 
twenty-seventh  day  of  March,  one  thousand  seven  hundred  and  eighty- 
seven,  be,  and  the  same  is  hereby,  suspended  until  the. end  of  the  exist- 
ing war  and  the  close  of  the  regular- session  of  the  General  Assembly 
next  followrng  thereafter. 

Done  at  Columbia,  the  sixth  day  of  Januar/,  in  the  year  of  our  Lord 
one  thousand  eight  hundred, and  sixty-two. 

D.  F.  JAMISON,  R-esident. 
Attest :  B.  F.  Arthur,  Clerk. 


THIRD  SESSION.  789 

The  State  op  South  Carolina. 

At  a  Convention  of  the  PeO|)le  of  tl\e  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  Presfdent. thereof,  at  Columbia, 
on  the  twenty-sixth  day  of  Deceinbcr,  in  the  year  of  our  Lord 
one  thousand  ciglit  hundred  and  sixty-one,  and  thence  continued 
by  divers  adjournments,  to  the  seventh  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

AN  ORDINANCE 

Further  to  Provide  for  the  Harbor  and  Coast  Defences  of  the  State. 
•<  ■ 

We,  me  People  of  the  State  of  South  Carolina,  in  Convention  as- 
semhlril,  do  declare  and  ordain,  and  it  is  Iwrehi/  declared  and  ordained : 
That  the  sum  of  three  hundred  thousand  dollars,  if  so  much  be  neces- 
sary, be  appropriated  out  of  any  moneys  in  the  Treasury  of  the  State, 
for  the  building  of  a  marine  b;ittery  or  ram,  and  for  the  construction 
or  purchase  of  other  vessels  adapted  to  coast  and  inland  defences;  and 
the  Governor  and  (Council  are  hereby  ehipowered,  on  consultation  with 
the  officer  of  the  Confederate  Navy,  for  the  time  being  in  command  of 
the  military  district,  whereof  the  city  of  Charleston  is  a  part,  to  order 
the  building  or  purchase  of  said  battery  or  vessels. 

Sec.  2.  That  any  person  or  persons,  for  the»time  being  not  in  the  ac- 
tual service  of  this  State  or  the  Conl'ederate  States,  in  their  military  or 
naval  organizations,  who  shall,  in  the  further  progress  of  this  war,  cap- 
ture or  sink,  burn  or  otherwise  destroy,  any  armed  ship  or  vessel  be- 
longing to,  or  in  the  service  of,  the  United  States,  invading  the  waters 
within  this  State,  or  coming  within  three  marine  leagues  of  its  coast, 
shall  be  entitled  to  a  bounty  of  twenty  dollars  for  each  person  on  board 
said  armed  ship  or  vessel  of  the  United  States  at  the  commencenieut 
of  the  assault  or  engagement,  and  who  may  or  shall  be  destroyed 
thereby  ;  and  a  bounty  of  thirty  dollars  for  each  and  every  person  by 
him  or  them  captured  in  said  assault  or  engageraert,  and  safely  brought 
into  port  and  delivered  over  to  the  military  authority  of  the  district 
into  which  such  entry  may  be  made,  to  be  by  said  authority  safely  kept 
as  prisoners  of  war. 

Sec.  3.  That  any  person  or  persons  not,  for  the  time  being,  in  the  ac- 
tual service  of  this  State  or  the  Confederate  States,  in  their  military  or 
uaval  organizations,  who  shall,  in  the  further  progress  of  this  war, 
capture  or  sink,  burn  or  otherwise  'destroy,  any  transport  or  other  uu- 


790  ORDINANCES  OF  THE 

• 

armed  ship  or  vessel  belonging  to,  or  in  the  service  of,  the  United 
States,  and  found  on  the  waters  within  this  State,  or  within  three 
marine  leagues  of  its  coast^  shall  be  entitled  to  a  bounty  of  fifteen  dol- 
lars for  each  person  on  board  said  ship  or  vnssel  of  the  United  States 
at  the  cotninoucement  of  the  said  capture  or  sinliing,  burning  or  other 
destruction  of  the  same,  and  who  may  be  destroyed  thereby;  and  a 
bounty  of  twenty-five  dollars  for  each  and  every  person  by  him  or  them 
so  captured,  and  safely. brought  into  port  and  delivered  over  to  the 
military  authority  of  the  district  into  which  such  entry  may  be  made, 
to  be  by  !«aid  authority  safely  kept  as  prisoners  of  war.  And  a  further 
bounty  of  tea  dollars  per  ton  shall  be  paid  to  any  person  or  persons  as 
aforesaid,  who  shall,  in  the  future  progress  of  this  war,  sink,  burn  or 
otherwise  destroy,  any  armed  vessel  or  transport  or  other  unaruied  ship 
within  the  waters  of  this  State,  or  within  three  marine  leagues  of  its 
coast,  belonging  to  or  in  the  eu)ploy  of  the  United  States. 

Sec.  4.  That  any  transport  or  other  unarmed  ship  or  vessel  that  shall 
be  captured  as  aforesaid,  shall,  in  whole  or  in  part,  be  the  property  of 
the  captors;  so,  also,  shall  be  the  cargo  with  which  said  vessels  may  be 
freighted,  and  an  order  for  the  sale  or  other  appropriation  of  both  ves- 
sels and  cargo  shall,  on  a  proper  showing,  be  summarily  granted  by  any 
Judge  or  Chancellor  exercising  authority  within  the  limits  of  the  State. 

Sec.  5.  Thatany  Judge  op  Chancellor  exercising  authority  within  the 
limits  of  this  State,  is  hereby  authorized  and  empowered  to  hear  and 
summarily  determine  to  what,  amount  the  bounties  prescribed  by  this 
Ordinance  shall  extend,  and  all  amounts  decreed  as  aforesaid  shall  bo 

paid  out  of  the  Treasury  of  the  State  on  certificate  of  award  signed 
by  the  Judge  or  Chancellor  malting  the  same,  and  countersigned  by 
the  Executive  authority  of  this  State. 

Done  at  Columbia,  the  seventh  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  apd  sixty-two. 

D.  F.  JAMISON,  President. 
Attest:  B.  F.  Arthur,  Ckrk. 


THIRD  SESSION.  791 

The  State  op  South  Carowna. 

At  a  Couvention  of  the  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  President  thereof,  at  Columbia, 
on  the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
.  ^  thousand  eiglit  hundred  and  sixty-one,  and  thence  continued,  by 
divers  adjournments,  to  the  ciirhth  day  of  January,  in  the  year  of 
(Jur  Lord  one  thousand  eight  hundred  and  six(y-two. 

AN  ORDINANCE 

In  relation  to  a  Portion  of  the  Militia. 

We,  (he  Penph  of  the  Slate  of  South  Carolina,  in  Convention  c(s- 
sembled,  do  dcclure  amt  ordaiiiy  and  it  is  hereby  declared  and  ordained  : 

Sec.  1.  That  no  part  of  the  militia  law  shall, stand  in  the  way  of  the 
power  of  the  Governor  and  Council  to  organize  and  call  into  service 
any  portion  of  the  militia  of  this  State,  in  such  manner  and  under  such 
regulations  as  may  seem  most  expedient. 

Sec.  2.  That  the  Regiment  in  Charleston,  lately  knowo  as  the  Re- 
serves, be  made  apart  of  the  militia  of  the  State,  under  the  same, 
name,  with  the  same  organization,  and  the  same  officers  as  they  re- 
cently had,  who  shall  take  rtink  from  the  date  of  the  commissions 
which  were  irregularly  given  them;  and  the  said  Regiment  are  at- 
tached to  the  Fourth  Brigade  of  Militia  Infantry:  Provided,  That 
before  the  twentieth  day  of  the  present  month  the  Regiment  shall  arm 
itself  and  report  to  the  Brigadier  General  of  said  Brigade:  And 
jirovided,  That  no  person  shall  be  enrolled  in  said  Reg'ment,  except 
those  who,  by  the  Act  of  Assembly,  ratified  the  seventh  day  of  Decem- 
ber, one  thousand  eight  hundred  and  sixty-one,  are  exempt  from  all 
militia  duty,  or  from  ordinary  militia  duty.  • 

Sec.  3.  That  during  the  continuance  df  this  war,  whenever  any 
volunteer  company  shall  be  reduced  below  the  number  required  by  the 
Act  of  1841,  the. Colonel  commanding  the  Regiment  to  which  such 
company  belotigs,  shall  give  the  Captain  or  other  officer  commanding 
the  said  company,  notice  to  rc'cruit  his  company  to  the  number  re- 
quired, in  ten  days;  anrl  in  case  of  his  failure  to  do  so,  the  company 
shall  be  disbanded,  and  the  Colonel  shall  divide  the  members  of  sucli 
company  among  such  of  the  other  companies  of  the  Regiment  as  arc 
weakest  in  number,  in  which  they  shall  be  obliged  to  serve,  as  if  they 
had    originally   joined  them:  Provided,  That    uo  volunteer  company 


792  ORDINANCES  OF  THE 

shall  have  more  than  eighty  privates,  besides  the  usual  number  of  offi- 
cers and  non-commissioned  officers. 

Done  at  Columbia,  the  eighth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F.  JA3nS0N,  President* 
Attest:  B.  F.  Arthur,  Clerk. 


THIRD  SESSION.  V  793 

The  State  op  South  Carolina. 

At  a  Convention  of  th.e  People  of  the  State  of  South  Carolina,  rcas- 
.sembled  by  appointment  of  the  President  thereof,  at  Columbia,  on 
the  twenty-sixth  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments,  to  the  seventh  day  of  January^  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

AX  OrvDINANCEr< 

For  strcogtheuing  the  Executive  Department  during  the  exigencies  of 
the  present  \\  ar. 

We,  the  People  of  (he  State  of  South  Carolina,  in  Convention  as- 
sembled, do  declare  and  ordain,  and.it  is  hereby  declared  and  ordained, 
as  follows : 

Sec.  1.  Until  the  present  war  between  the  Confederate  States  of 
America  and  the  United  States  shall  hare  been  terminated,  and  the 
forces  raised  in  this  State  for  the  prosecution  thereof  shall  have- been 
disbanded,  or  uniil  it  shall  be  otherwise  brdained  by  the  People  in  Con- 
vention, the  Guveruor  shall  be  assisted,  as  is  hereinafter  directed,  in 
the  discharge  of  the  duties  imposed,  and  in  the  exercise  of  the  powers 
conferred  upon  him  under  the  Constitution  and  laws  of  this  State,  oV 
the  -Ordiaahces  of  this  Convention,  by  a  •KJoun.cil,  to  be  called  the 
Executiv^e  Council,  which  shall  consist  of  the  Lieutenant>  Governor  and 
three  otiier  citizens  of  the  State,  to  be  chosen  by  this  Convention  by 
ballot,  a  majority  of  the  votes  cast  at  such  election  being  necessary 
to  a.  choice. 

Sec.  2.  The  Governor  and  the  Executive  Council,  acting  together,  shall 
have  power  to  declare  niaitial  law  to  such  extent,  in  such  places,  a:id 
at  such  times,  as  shall  be  required  by  the  exigency  of  public  all'air.s;  to 
arrest  and  detain  all  disloyal,  or  disuflected  persons,' whose  being  at 
large  they  shall  deem  inconsistent  with  the  public  safety  ;  to  order  and 
enforce  (subject  to  tlic  owner's  right  to  receive  due  compensation  from 
the  State)  such  dispo&ition  of  private  property  or  appropriation  thereof 
for  public  uses  as  the  public  good  shall  appear  to  them  to  require;  to 
make,  and  cause  to  be  executed,  all  such  orders,  regulations  and  ar- 
rangements, as  they  shall,  from  time  to  time,  find  expc'lient  for  bringing 
intu  service,  organizing, and  supporting,  the  vjhole,  or  any  part,  of  tlio 
100 


794  ORDINANCES  OF  THE 

population  of  tlie^State,  to  be  employed  in  the  public  service,  and,  also, 
for  Djaintaining  £uch  efficient  police  as  shall,  by  them,  be  thought 
necessary;  to  make,  procure  or  employ  arms,  munitions  of  war,  and 
whatever  ehe  may  be  required  for  the  dcficnce  of  the  State ;  to  consti- 
tute and  appoint  such  agents  as  shall  be  necessary  for  the  more  efficient 
execution  of  the  powers  hereby  conOded  to  them ;  for  these  purposes  to 
draw  money  from  the  public  Treasury,  the  Treasurers  being  bound  to 
pay  their  drafts  from  any  money  in  the  Treasury ;  to  make  all  such 
nominations  and  appointments  to  military  offices  as  the  Governor  has 
heretofore  been  authorized  to  make  ;  to  fill  all  offices  and  appointments 
where  there  is  any  vacancy  for  default  of  action  by  the  Legislature  or 
other  appointing  power,  or  for  default  of  any  provision  by  law  of  the 
mode  of  appointment,  and  to  fill,  until  the  next  meeting  of  the  People 
in  Convention,  any  vacancy  which  may  occur  in  the  Council  by  reason 
of  the  death,  resignation  or  removal  from  the  State,  of  any  one  of  the 
three  members  thorcof  chosen  by  the  Convention. 

Sec.  3.  In  the  discharge  of  all  his  duties  and  the  exercise  of  all  bis 
powers,  not  hereinbefore  enumerated,  the  Governor  is  authorized  to 
consult  the  Council,  and  to  recjuire,  if  need  be,  its  advice  in  writing. 

Sec.  4.  The  Governor  and  Executive  Council  may,  at  their  discre- 
tion, arrange  some  or  all  uf  the  business  to  be  done  by,  them,  into 
different  departments,  assign  each  department  to  one  or  more  members 
of  the  Council,  and  make  rules  for  the  "management  of  a  department 
or  other  business.  Acts  done  by  either  of  the  departments,  in  con- 
formity to  rules  or  orders  established  by  the  Governor  and  Council, 
shall  be  valid,  but  shiill  be  always  subject  to  the  control  of  the  Gov- 
ernor and  Council. 

Sec.  5.  The  Governor  shall  have  access  to  the  books  and  papers  of 
every  department,  and  the  opportunity  of  being,  at  all  times,  fully 
informed  of.  the  condition  of  its  business;  reports  to  him  shall  be 
made  by  the  heads  of  depai:tments,  when  he  may  require  them ;  and 
he  shall  communicate  to  this  Convention  and  to  theGeneral  Assembly, 
at  every  meeting  of  either  body,  full  information  concerning  the  trans- 
actions of  the  Council  and  the  condition  of  every  department. 

Sec.  6.  If  there  should  be  a  vacancy  in  the  office  of  Governor,  the 
Lieutenant  Governor,  havitSg  succeeded  to  that  office,  shall  discharge 
the,  duties  herein  required  of  the  Governor ;  and  the  President  of  the 
Senate,  having  succeeded  to  the  office  of  Lieutenant  Governor,  shall 
become  a  member  of  the  Executive  Council. 


THTRD  SESSIO.V.  795 

Sec.  7.  The  Governor  (or  if  he  be  necessarily  absent,  the  Lieutenant 
Governor,)  and  any  two  of  the  members  of  Council  elected  by  this 
Convention,  shall  be  sufficient  to  constitute  a  quotum  ;  and  the  coneur- 
reuce  of  a  majority  of  all  present,  there  bcini;  a  quorum,  shall  be  re- 
quired for  the  validity  of  any  action  in  which  the  Governor  and  Coun- 
cil are  required  to  act  conjointly.  If  by  vacancies,  the  Council  should 
bo  reduced  to  two  or  only  one,  the  Governor  for  the  time  being,  with 
those  two  or  that  one,  shall  be  sufficient  to  fill  the  vacancies  jn  the 
places  of  members  chosen  by  this  Convention,  until  the  next  meetin;-,'  of 
the  Convention. 

"Bec.  8.  The  Governor  and  Council  shall  keep  a  record  of  their  pro- 
ceedinprs,  and  for  this  purpose  the  Special  Private  Secretary  of  the 
Governor  shall  be  their  Secretary  without  additional  pay.  This  record 
shall  especially  show  the  reasons  for  every  arresl  made  by  their 
authority.  Any  one  of,  them  shall  have  the  privilege  of  filivg  and  thus 
preserving  as  part  of  the  record,  his  dissent  from  their  action  in  any 
matter.  On  the  first  d  ly  of  each  meeting  of  the  People  in  Convention, 
the  reciord  of  aU  the  proceedings  of  the  Governor  and  Council  had  prior 
thereto,  shall  be  laid  before  such  Convention,  and  the  said  proceedings 
shall  be  subject  to  review,  and  to  repeal,  or  such  modification  by  tho 
Convention  as  to  it  shall  seei% proper. 

.  Sec.  9.  The  first  meeting  of  the  Governor  and  the  Executive  Coun- 
cil shall  be  had  within  seven  days  after  the  adjournment  of  the  present 
sitting  of  this  Conventiun,  at  a  time  ahd  place  to  be  fixed  by  the 
1  Governor,  Of  which  he  shall  give  notice  to  each  member.  Afterwards 
their  meetings  shall  be  regulated  by  their  own  orders  and  adjouru- 
ments. 

Sec.  10.  Each  member  of  the  Council  slwll  receive  an  annual  sal  n-y 
of  two  thou?;iud  dollars,  pa^abie  quarterly  out  of  the  Treasury  upon  tho 
draft  or  order  of  the  Governor. 

Sec.  11.  The  President  of  the  Convention,  if  in  his  opinion  the 
public  exigencies  shall  require,  or  if  he  shall  be  requested  in  writing  so 
to  do  by  any  twenty  nieu)bers  of  the  Convention,  shall  by  notice  under 
his  hand  duly  published,  assemble  this  Convention,  without  delay,  at  a 
time  and  place  to  be  by  him  fixed,  and  he  shall  appoint  a  Committee  of 
five  members  of  the  Convention,  a  majority  of  whom,  or  the  survivors 
or  survivor  of  such  majority,  shall,  in  case  of  the  death,  resignation  or 
disqualification  of  the  Presidant,  have  the  ^ke  authority  and  be  under 
tho  like  obligation  to  assemble  the  Convention  and  appoint  a  time  and 


796  ORDINANCES  OF  THE 

place  for  its  meeting;  but  neither  tlie  President  of  the  Convention  nor 
any  member  of  the  said  Committee  shall  be  a  member  of  the  Executive 
Council. 

Done  at  Columbia,  on  the  seventh  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty- two. 

D.  F.  JAMISON,  President. 

B.  F.  Arthur,  ClerJc. 


,  .  THIED  SESSION.  797 

The  State  of  South  Carolina, 

At  a  Convention  of  tlie  People  of  the  State  of  South  Carolina,  re- 
assembled by  appointment  of  the  Prei^ident  thereof,  at  Culumbia, 
on  the  twenty-j^ixth  day  of  December,  iu  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  thence  continued  by 
divers  adjournments,  to  the* eighth  day  of  January,  in  the  year 
of  our  Lord  one  thousand  tight  hundred  and  sixty-two. 

AN  ORDINANCE 

To   suspend  certain  parts  of  the  Constitution  of  the  State  of  South 

Carolina. 

We,  (he  Peopfe  of  the  State  of  South  Carolina,  in  Convention  os- 
senibled,  do  (hdare  and  ordain,  and  it  is  hereby  declared  and  ordained : 
That  until  the  general  election  next  following  the  termina:ion 
of  the  war  between  the  Confederate  States  of  America  and  the  United 
States,  now  existing,  the  following  parts  of  the  Constitution  of  the 
State  of  South  Carolina  shall  be  suspended,  to  wit :  Sections  Twenty- 
ninth  and  Thirty-first  of  Article  First,  add  the' last  clause  of  Section 
•First  of  Article  Third.' 

*Done  at  Columbia,  the   eighth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F.  JAMISON,  President. 

Attest:  B.  F.  Arthur,  Glerk. 


708  ORDINANCES  OF  THE 

Toe  St^tk  op  South  Carolina. 

At  a  Convention  of  tl»c  People  of  tlie  State  of  Soutli  Carolina,  reas- 
sembled by  appuinta.cnt  of  the  President  thereof,  at  Columbia, 
on  the  ninth  dny  of  September,  in  the  year  of  our  Lord  one 
thousand  ei^ht  hundred  and  sixty  ttro,  and  thcnco  continued  by 
divcra  adjuurumcQt£,  to  the  sei'eateenth  day  of  the  same  mouth. 

AN  ORDIXANC]-: 

To  aiiKMid  an  Ordinance  entitled  "An  Ordinance  fur  strcnjrthcning  the 
Kxccuiive  Dopartmeut  during  the  exigencies  of  the  present  war." 

]Ve,  the  People  of  t\e  State  of  S)uth   Carolina,  in  Convention  n»sem- 

blcil,  Jo  declare  and  onlain,  ami  it  u  herdti/  declared  and  ordained: 

That  the  "  Ordinance  for  strengtheDiog  the  Exccutivo   Department 

durincr  the  exi<_'cncie3  of  the  present  war,"  nitiGcd  ia  Convention  on  the 

seventh  duy  of  January,  A.  D.  18Gli,  shall  be  auicuded  as  fulloNts  : 

Stc.  1.  The  term  o*  office  of  those  members  of  the  Exccutivo  Coun- 
cil who  were  chosen  by  tliis  Convention  shall  expire  on  the  second 
Moiid:iy  in  iJeceniber  next,  and  the  vacancies  thus  occurring  may  bo 
filled  by  the  General  Assembly^  by  joint  ballot  of  the  two  houses,  apy 
free  white  adult  male  citizen  being  eligible,  and  a  majority  of  all  the 
votes  east  bcinL'  ueecessary  to  an  election. 

Sec.  2.  The  Governor  bimll  communicate  to  the  General  Assembly, 
on  the  first  day  of  the  next  session  thereof,  full  information  concerning 
the  transactions  of  the  Council  from  the  first  dny  of  the  present  session 
of  this  Convention  until  the  time  of  the  said  coimiiunication,  and.  also 
of  the  condition  of  every  Department,  and  t^hull  lay  before  the  General 
Assembly  the  record  of  all  the  proceedings  of  the  liovernor  and  Council 
durii;g  the  same  tinvc.  This  communication  shall  especially  inform  the 
General  Assembly  of  evory  instance  in  which  any  Act  of  the  (Jeneral 
Assembly  has  been,  or  shall  have  been,  prior  to  that  time,  moditied  or 
6Uf=peuded  by  the  action  of  the  Governor  and  Council,  and  the  reasons 
therefor,  and  the  General  Assembly  shall  have  authority  to  review, 
repeal  or  u^odify  such  proceedings  of  the  liovernor  and  Council,  or  any 
of  them,  as  to  it  shall  seem  proper. 

Sec.  o.  The  General' Assembly  shall  have  power,  by  Act  of  the 
Legislature,  to  modify  the  constitution  of  the   K);eeutive  Council,  by 


FOURTH  SESSION.  799 

reducing  the  number  thereof,  oi* restrict! ncr  the  powers  conferred  there- 
upon by  the  Ordinance  of  this  Convention,  or  wholly  to  abolish  tlic 
said   Executive  Council 

Sec.  4.*  This  Convention  shall  cease  and  be  dissolved  upon  the  ex- 
piration of  two  full  years  from  the  date  of  its  origit^al  orj^anization,  to 
wit,  on  tlie  l7th  day  of  December  next,  at  12  o'clock,  noon,  but  njay  in 
the  meantime  bo  a=sembled  upon  the- call  of  the  President,  or  in  case  of 
his  death  Or  absence  from  the  State,  or  in  case  of  his  inability  to  act, 
by  the  Committee  of  five,  appointed  at  the  last  session  of  this  Conven- 
tion for  this  purpose,  or  by  a  majority  of  them,  or  the  survivors  or  sur- 
vivor of  such  majority,  and  sha/l  be  assembled  upon  the  united  demand 
in  writing  of  a  majority  of  the  members  of  this  Convention  at  the  time 
of  such  demand. 

Done  at  Columbia,  the  seventeenth  day  of  Scpleniber,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F." JAMISON,  President. 
Attest:  B.  F.  ARruua,  Clerk. 


800  ORDINANCES  OF  THE 

The  State  of  South  Carolina.     •     ,  • 

At  a  Convention  of  the  People  of  the  State  of  South  Carolina, 
reassembled  by  appointment  of  the  President  thereof,  at.Columbia, 
on  the  ninth  day  of  September,  in  the  year  of  our  Lord  one  thou- 
sand ciii;ht  hundred  and  sixty-two,  and  thence  continued  by  divers 
adjournments  to  the  seventeenth  day  of  the  same  mouth. 

AN  ORDINANCE 

To  give  to  the  General  Assembly  power  in  reference  to  certain   Ordi- 
nances and  Resolutions  of  this'Couvention. 

We,  (he  People  of  the  Slate  oj  South  Caro/ina,  in  Convention  assem- 
hled,  do  declare  and  ordain,  and  it  is  herehi/  declared  and  ordained: 
That  the  following  Ordinances  and  Resolutions  of  this  Convention  shall 
be  subject  to  modification  or  repeal   by  the  General   Assembly,  to  wit: 

1  "  An"  Ordinance  to  Exempt  Overseers  from  the  Performance  of 
Militia  Duty." 

2.   "An  Ordinance  in  relation  to  a  Portion  of  the  Militia." 

o.  "  An  Ordinance  to  Enable  Citizens  of  the  State,  who  are  en- 
gaged in  military  service,  to  Exercise  the  Right  of  Suffrage."  And  it 
is  hereby  ordained,  that  in  its  action  concerning  this  Ordinance  the 
General  Assembly  shall  have  power,  during  the  time  mentioned  in  the 
said  Ordinance,  to  disregitrd  the  seventeenth  .section  of  the  first  Ar- 
ticle of  the  Constitution  of  the  State  of 'South  Carolina,  so  far  as  to 
permit  citizens  engaged  in  military  service,  to  vote  for  a  general  elec- 
tion on  a  day  or  days  different  from  the  Tuesday  mentioned  in  that 
sectioii,  and  also  to  disregard  the  exception  of  *'  non-commi.ssioned  offi- 
cers and  private  soldiers  of  the  Confederate  States  of  America,"  con- 
tained in  the  thirteenth  secjion  of  the  first  Article  of  the  said  Consti- 
tution, so  far  as  the  same  might  be  cdnsidexed  to  affect  such  citijens 
engaged  in  the  military  service  of  the  Confederate  States,  whether 
volunteers  or  conscripts. 

4.  "  An  Ordinance  to  provide  for  the  Removal  of  Negroes  and  other 
Property  from  portions  of  the  State  which  may  be  invaded  by  the  ene- 
my." And  it  is  hereby  ordained  that  the  eighth  section  of  this 
Ordinance  be  so  amended  as  to  require  the  report  therein  mentioned 
to  be  made  to  the  General  Assembly  on  tbe  first  day  of  every  session 
thereof. 

5.  The  Resolution  annexed  to  the  Ordinance  last  mentioned,  in 
tefercuce  to  j'crsous  willing  to  remove  in^uticipation  of  an  order. 


FOURTH  SESSION.  801. 

6.  The  Resolutions  subjoined  to  the  Kcport  of  the  Special  Commit- 
tee No.  2,  which  Resolutions  relate  to  the  removal  of  persons  from  the 
city  of  Charleston,  who,  by  reason  of  age,  sex  or  infirmity,  are  inca- 
pable of  taking  part  in  its  defence. 

Done  at  Columbia,  the  seventeenth  day  of  September,   in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

D.  F.  JAMISON,  Fresideni. 
Attest :  B.  F.  Arthur,   Clerk. 


101 


THE 

CONSTITUTION 

OF    THE 

STATE    OF    SOUTH    CAROLINA, 

APRIL  8,  1861. 


ire,  the  People  of  the   State  of  South    Carolina,  in  P'-«"«We. 
Convention  assembled,  do  ordain  and  establish  this-  Con- 
stitution,/or  the  Government  of  the  said  Slate:  • 

ARTICLE  L 

Section  1.  The   Legislative  authority  of  this  State  Legislature, 
shall  be  vested  in  a  General  Assembly,  which  shall  con- 
sist of  a  Senate  and  House  of  Representatives. 

Section  2.  The  House  of  Representatives  shall  be  ^^,^X^''l^X 
composed  of  Members,  chosen   by  ballot,  every  second  5^""^^^*"^ 
year,  by  the  citizens  of  this  State,  qualified  as  in   this  <■'•»«• 
Constitution  is  provided. 

Section  3.  The  Election  Districts  in  this  State  shall  dSu°" 
be  as  follows,  to  wit : 

Charleston,  (including  St.  Philip  and   St. 

Michael,) 
Christ  Church, 
St.  John,  Berkeley, 
St.  Andrew, 
St.  George,  Dorchester, 
St.  James,  Goose  Creek, 
St.  Tho.mas  and  St.  Dennis, 
St.  Paul, 


804  .CONSTITUTION. 


St.  Bartuolomewt, 

St.  James,  Santke, 

St.  John,  Coj.leton, 

St.  Stephen, 

St.  Helena, 

St.  Luke, 

Prince  WilliAm, 

St.  Peter,  , 

All  Saints,   (including    its  ancient  bound- 
aries,) 

Winyaw,    (not   including    any  part    of   All 
Saints,) 

Kingston,  (not  including  any  part  of   All 
Saints,) 

Williamsburg, 

Marion, 

Marlborough, 

Chesterfield, 

Darlington, 

York, 

Chester, 

Fairfield, 

Richland, 

La  ij  caster, 

•Kershaw,  * 

Sumter, 

Clarendon, 

Abbeville, 

Edoefikld,  . 

Newberry, 
•  Lauukns, 

Union, 

Spartanburg,  (heretofore  called  Spartan,) 

Greenville, 

Anderson, 

Pickens, 

f5T.  Matthew, 

Orange, 

Barnweli?, 

Lexington. 


CONSTITUTION.  805 

Section  4.  The  boundaries  of  the  Election  Districts   /^"""■''''•les 

of  Districts. 

shall  remain  as  thcj  h;ivc  heretofore  heen  established. 

Section  5.  The  House  of  Representatives  shall  con-    i-i  i^ppre- 

sontatives, 

sist  of  one  hundred   and   twenty-four   Members,  to    be      • 
apportioned  anionir  the  several  Election  Districts  of  the  apportioned 

f,  ,.         "^  ....  ac  onling   to 

State,    according   to   the   number  or  white   inhabitants  white  popu- 

111  /-      11  -111       lalion 

contained,  and  the   amount  or  all    taxes   raised   by  the 
Legislature,  whether  direct  or  indirect,  or  of  whatever  ^"^ 
species,  paid  in  eacli,  deducting  therefrom  all  taxes  paid  Taxes, 
on  account  of  property  held   in  any  other   District,  and 
adding  thereto  all   taxes   elsewhere   paid   on   account  of 
property  held  in  such  District ;  an    cnumerj^tion   of  the     Census  to 

,..,,.-,.  1     •        1  ^  taken, 

wliite  inhabitants,  tor  this  purpose,  was  made  in  the  year 
one  thousand  eight  hundred  and  fifty-nine,  and  shall  bci 
made  in  the  course  of  every  tenth  year  thereafter,  in 
such  manner  as  shall  be  by  law  directed ;  and  Represen- 
tatives shall  be  assigned  to  the  different  Districts,  in 
the  above-mentioned  proportion,  by  Act.  af  the  Legisla- 
ture, at  the  session  immediately  succeeding  every  enu- 
meration. 

* 

Section  6.  If  the  enumeration  berein  directed  should    omission 
not  be  made  in  the  course  of  the  year  appointed  for  the  plied, 
purpote,  it  shall  be  the  duty  of  the  Government  to  have' 
it  effected  as  soon  thereafter  as  shall  be  practicable. 

'  Section  7.  In  assigning  Representatives  to  the  seve-  Fractions. 
ral  Districts  of  this  State,  the  Legislature  shall  allow  one 
Representative  for  every  sixty-second  part  of  the  whole 
number  of  white  inhabitants  in  the  State;  and  one  Rep- 
resentative, also,  for  evei^  sixty-second  part  of  the 
whole  taxes  raised  by  the  Legislature  of  the  State.  The 
Legislature  shall  further  allow  one  Representative *for 
euch  fractions  of  the  sixty-secvond  part  of  the  white 
inhabitants,  of  the  State,  and  of  the  sixty-second  part 
of  the  taxfes  raised  by*  the  Legislature  of  the  State, 
a.s  when  added  together,  form  a  unit. 

Section  8.  la  every  apportionment  of  representation    T»xpn.how 
which  shall  take  place  after  the  first  apportionment,  the 


80G  CONSTITUTION. 

amount  of  taxes  shall  be  estimated  from  the  average  of 
the  ten  preceding  years. 

Ench  Di»-      Section  9.  If,  in  the  apportionment  of  Reprcscnta- 

trict  one  Ro-     .  r>  .  .        . 

pretentauve.  tivcs,  any  Election  District  shall  oppcar  not  to  be  entitled, 
from  its  population  and  its  taxes,  to  a  Bcprescntative, 
such  Election  District  shall  nevertheless  send  one  Kep- 
resentativc;  and  if  there  should  be  .<.till  a  deficiency  of 
the  number  of  Eeprcsentativcs  required  by  section  lifih, 
sucli  deficiency  shall  be  supplied  by  assigning  Represen- 
tatives to  those  Election  Districts  having  the  largest 
surplus  fractions,  ■whether  those  fractious  consist  of  a 
conibinatioq  of  population  apd  taxes,  or  of  population, 
or  of  taxes  separately,  until  the  number  of  one  hundred 
and  twenty-four  members  bo  prowded. 

Wtien    ap- 

8hHii°tokeep      Section   10.  No  apportionment  of  Representatires 
ft^i-  shall  be  construed  to  take  eficct,  in  any  manner,  until 

the  general  election  which  shall  succeed  such  apportion- 

•ment.    • 

Section  11.  The  Senate '.'^hall  be  composed  of  one 
member  from   each  Election   District,  except  the  Dis- 
trict formed  by  the  Parishes  of  St.  Philip  and    St.  Mi- 
chael,  to   which   shall    be    allowed    two    Senators    as 
.    heretofore. 

Section  12.  The  Senators  having  been  heretofore 
divided, 'by  lot,  into  two  classes,  the  seats  of  the"  Sena- 
tors oT  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year  aft,pr  the  Monday  fullowiuga  general 
election,  and  of  the  second  class  at  the  expiration  of  the 
'  fourth  year ;  and  the  number  of  these  classes   shall  bo 

so  proportioned  that  one-half  of  the  whole  number  of 
Senators  niay,  as  nearly  as  possible,  continue  to  bo 
chqsen  thereafter  every  second 'year. 

tioii  of  voters  Section  13.  Every  free  white  man  of  the  age  of 
twenty-one  years,  paupers,  and  nou-commissioned  ofiicers 
and  private  soldiers  of  the  army  of  th»  Confederate 
States  of  America  excepted,  who  hath  been  a  citizen 
and  resident  in  this  State  two  years  previous  to  the  day 


CONSTITUTION.  807 

of  election,  and  who  hath  a  freehold  of  fifty  acres  of 
.land,  or  a  town  lot,  of  which  he  hath  been  legally  seized 
and  possessed  at  least  six  months  before  such  election  ; 
or  not  having  such  freehold  or  town  lot,  hath  been  a 
resident  in  the  Election  District,  in  which  he  offers  to 
give  his  vote,  sis  months  before  the  said  election,  shall 
have  a  right  to  vote  for  a  member,  or  members,  to  serve 
in  either  branch  of  the  Legislature  for  the  Election  Dis 
trict  in  which  he  holds  such  property,  or  is  so  resident. 

Section  14.  The  returning  officer,  or  any  other  per-    now 

^         proved  or  ex- 

son  present,  entitled  to  yote,  may  require  any  person,  amiued. 
who  shall  offer  his  vote  at  an  election,  to   produce  a  cer- 
tificate of  his  citizenship,. and  other  qualification,  enti- 
tling him  to  vote,  or  to  swear,  or  "affirm,  that  he  is  duly 
qualified. to  vote,  agreably  to  this  Constitution. 

Section  15.  No  person  shall  be  eligible  to  a  scat  in    Qu»»flc»- 

*^  _  '='  ^        tion  of  Rep. 

the  House  of  Representatives  unless  he  is  a  free  white '•^'^eutatives. 
man,  of  the  age  of  twenty-one  years,  and  hath  been  a 
citizen  and  resident  in  this  State  three  years  previous  to 
his  election.  If  a  resident  in  the  Election  District,  he 
shall  not  be  eligible  to  a  seat  in  the  House  df  Repre- 
sentatives unless  he  bo  Iccrally  seized  and  possessed,  in 
his  own  right,  of  a  settled  freehold  estate  of  five  hun- 
dred acres  of  laud  and'ten  negroes;  or  of  a  real  estate 
of  the  value  of  one  hundred  and  fifty  pounds,  sterling, 
clear  of  debt.  If  a  non-resident,  he  shall  be  legally 
seized  and  possessed  of  a  settled  freehold  estate  therein 
of  the  value  of  five  hundred  pound.s,  sterling,  clear  of 
debt. 

Section  16.  No  person  .shnll  be  eligible  to  a  seat  in     who  fihau 

-     ,  not   he  ^Ugl- 

the  Senate  unless  he  is  a  free  white  man,  of  the  age  of  Weto  the 

1  •  1   1       >     1  ■     •   •  1  -1  •        1  •     Senate. 

thirty  yearn,  and  hath  been  a  citizen  and  resident  in  this  ' 
State  five  years  previous  to  his  election.  If  a  rc-ident 
in  the  Election  District,  he  shall  not  be  eligible/ unless 
he  be  legally  .seized  and  possessed,  in  his  own  right,  of 
a  settled  freehold  of  the  value  qS  three  hundred  pounds, 
sterling,  clear  of  debt.  If  a  non-resideDt  in  the  Election 
District,  he  shall  not  be   eligible,  unless  he  be   legally 


808  CONSTITUTION. 

seized  and  possessed,  in  his  own  right,  of  a  sctflcd  free- 
hold cstaie,  in    the   said    l>i?;tricf,   of  the  value   of  one  . 
thousand  pounds,  sterling,  clear  of  debt. 

M.mherg        Sectiox  17.  Senators  and  Members  of  the  House  of 
utuT^,  when  Representatives  shall  be  clmscn  at  a  general  election  on 
choson.         ^j^g  Tucsda}'  after  the  second  Monday  in  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
two,  and   on  the  sani(/ day  in  every  second  year  there- 
after, in  such  manner  and  fur  such  terms  of  office  as  are 
wbento    herein  directed.     They  shall  meet  op  the  fourth  Monday 
whtre'"*^     in  November,  annually,  at  Columbia  (which  shall  remain 
the  seat  of  Oovernment  until  otherwise  determined  by 
the  concurrence  of  two-thirds  of  both   branches  of  the 
whole  representation),  unless  the  casualties  of  war,  or 
contagious  disorders,   should  render  it  .unsafe   to  meet 
there;  in  cither  of  which  cases,  the  £ioyernor,or  Com- 
mander-in-Chief, fur  the  time  being,  may,  by  proclama- 
tion,  appoint  a  more  secure  and   convenient   place  of 
meeting.     From  the  next  general  electiun  shall,  how- 
Senatore     evcr,  be  excepted   those   Senators   now   in  office,  whose 

excepted.  .  .,,  ... 

term  of  service  will  not  expire  in  the  year  one  thousand 
eight  hundred  and  sixty-two. 

T.nns    of      Section  18.  The  terms  of  ullicc  of  the  Senators  and 

oHicu. 

Members  of  the   House   of  Ke^)resentatives   shall  begiu 
on  the  Muudny  I'ulluwing  a  general  election. 

Validity  of      SECTION  19.  Each  IIousc  shall  judge  of  the  elections, 

eleoticns—  ....  n   • 

how  deter-     rctums  and  .qualifications   of  its  own    3Ienibers;   and  a 

mi'iBd.  ..<.,ir  111 

majority  ot  each  House  sliall  constitute  a  quorum  to  do 
Adjourn-    busincss  J  but  a  Smaller  number  may  adjourn  from  day 

ment  from  ,  ,  i        •        i  i      i 

day  to  day.  to  day,  and  may  be  authorised  to  compel  the  attendance 
of  absent  Members  in  such  manner  and  under  such  pen- 
alties as  may'  be  provided  by  law.  ' 

..,^"''\  Section  20.  Each  House  shall  choose,  by  ballot,  its 

House  to  >      >/  ' 

elect  their    q^q  officers,  determine  its  rules  of  proceeding,  punish 

own  (fflcers  '  f  t^>  t 

■    its  Members  for  disorderly  behavior,  and   with  the  .con- 
currence of  two-thirds,  expel  a  Member,  but  not  a  second 
.     time  for  the  same  cause. 


CONSTITUTION.  809 

■  Section  21.  Each  House  may  punish,  by  imprison- jjf,^'^^^  °' 
ment  during;  its  sitting,  any  person  not  a  Member,  who  p"'  '*''^  ^°'" 
shall  be  guilty  of  disrespect  to  the  House  by  any  disor- 
derlj?  or  contemptuous  behavior  in  its  presence  ;  or  who, 
during  the  time  of  its  sitting,  shall  threaten  harm  to 
body  or  estate  of  any  member  for  anything  said  or  done 
in  either  House,  or  who  shall  assault  any  of  them  there- 
for, or  who  shall  assault  or  arrest  any  witness,  or  other 
person,  ordered  to  attend  the  House,  in  his  going  to  or 
returning  therefrom,  or  who  shall  rescue  any  person 
arresled  by  order  of  the  House. 

Section  22.  The  Members  of  both   Houses  shall  be      Privileges 

of    Members 

protected  in  their  persons  and  estates'durinsr  their  attend-  and  their  es- 

...  tales. 

ance  on,  going  to,  and  returning  from  the  Legislature, 
and  ten  days  previous  to  the  sitting,. and  ten  days  after 
the  adjournment  of  the  Legislature.  Bat  these  privi- 
leges shall  not  be  extended  so  as  to  protect  any  Member 
who  shall  be  charged  with  treason,  felony,  or  breach  of 
the  peace. 

Section  23.  Bills  for  raising  a  revenue  shall  originate  buu!"*""" ' 
in  the  House  of  Representatives,  but  may  be  altered, 
amended  or  rejected  by  the  Senate  ;   and  all  other  bills    0*'»erbijii. 
may  originate   in  either   House,  and  may  be  amended, 
altered  or  rejected  by  the  other. 

Section  24.  No  Bill  or  Ordinance  shall  have  the  force  gi^hefo"" 
of  law  until  it  shall  have  been  read  three  times,  and  on  "^^  '""^" 
three  several  days,  in  each   House ;  has  had  the  great  ' 

seal  aflSxed  to  it,  and  has  been  signed  in  the  Senate 
House  by  the  President  of  the  Senate  and  Speaker  of 
tl:e  Hou.se  of  Representatives. 

Section  25.  No  money  shall  be  drawn  out  of  the    OM\y  i^?- 

'    .      _,  ,  1         I       •   1      •  1        •  Ulature  to 

Public  Ireasury,  but  by  the  legislative  authority  of  the  draw  money. 
State. 

Section  26.  The  Members  of  the  Loijislaturc,  who    compenM- 

1     11  11  1  1  •       /-<  •        •  1     11    1  *'""  to  .Mem- 

shall  assemble  under  this  Constitution,  shall  be  entitled  bers. 

to  receive  out  of  the  Public  Treasury,  far  their  expenses 

102  • 


810  CONSTITUTION. 

during  their  attendance  on  going  to  and  returning  from 
the  Legislature,  the  compensation  now  fixed  by  law;  and 
the  same  may  be  increased  or  diminished  by  law,  if  cir- 
cumstances shall  require  ;  but  no  alteration  shall  be  made 
by  any  Legislature  to  take  effect  during  the  existence  of 
-the  Legislature  which  shall  make  such  alteration. 

Adjnurn.        SECTION  27.    Neither  House,    during  their  session, 

jnent  of  >  .->  J 

House.  without  the  consent  of  the  other,  shall  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  Houses  shall  be  sitting. 

PepuiaUon      SectiOxN  28.  No  Bill  or  Ordinance,  which  shall  have 

about  bring-  ' 

iug  in  bills,  ]3een  reiccted  by  either  House,  shall  be  brought  in  again 

&■! ,  once  re-  *"  •'    .      •  o  o 

jected.  during  the  sitting,  without  leave  of  the    House,  and 

notice  of  six  days  being  previously  given. 

What  per-      SECTION  29.  No  pcrsou  shall  be  eligible  to  a  seat  in 

PODS  are  ex-  »       ,  .  •  '  ,  , 

eluded  from  the   Legislature  whilst  he  holds  any  office  of  profit  or 

Legislature.  ii«n  i-ip-i  o  e  •' 

trust  under  this  State,  the  Confederate  State.''  of  %\.merica, 
or  either  of  them,  or  under  any  other  power,  except 
officers  in  the  militia,  army,  or  navy  of  this  State,  Jus- 
tices of  the  Peace,  or  Justices  of  the  County  Courts, 
while  they  receive  no  salariee ;  nor  shall  any  contractor 
of  the  army  or  navy  of  this  State,  the  Confederate 
States  of  America,  or  either  of  them,  or  the  agents  of 
such  contractor,  be  eligible  to  a  .«oat  in  either  Ilouf^e. 
And  if  any  Member  shall  accept  or  exercise  any  of  the 
said  disqualifying  offices  he  shall  vacate  his  seat. 

iTow  Ta-        Section  30.  If  any  Election-District  shall  neclect  to 

cancies  lu  •'  •■ 

the  Lef-'isia-  chooso  a  Member,  or  Members,  on  the  day  of  election,  or 

ture  .shall  bo  '  ,      . 

filled.  if  any  person  chosen  a  Member  of  cither  House  should 

refuse  to  qualify  and  take.his  seat,  or  should  die,  depart 
the  State,  or  accept  any  di.^qualifjing  office,  a  writ  of 
election  shall  be  issued  by  the  President  of  the  Senate 
or  Speaker  of  the  House  of  Representatives,  as  the  case 
may  be,  for  the  purpose  of  filling  up  the  vacancy  there- 
by occasioned,  fur  the  remainder  of  the  term  for  which 
the  person  so  refusing  to  qualify,  dying,  departing  the 
State,  or  accepting  a  disqualifying  office,  was  elected  to 
serve. 


CONSTITUTION.  811 

Section  31.  And  whereas  the  ministers  of  the  Gos-  ^^^^'j™"! 
pel  are,  by  their  profession,  dedicated  to  the  service  of 
God  and  the  cure  of  souls,  and  ought  not  to  be  diverted 
from  the  groat  duties  of  their  function  ;  therefore,  no 
minister  of  the  Gospel,  or  public  preacher  of  any 
religious  persuasion,  whilst  he  continues  in  the  exercise 
of  his  pastoral  functions,  shall  be  eligible  to  the  office  of 
Governor,  Lieutenant  Governorj  or  to  a  seat  in  the  Sen- 
ate or  House  of  llepresentatives. 

ARTICLE  II. 

Section  1.  The  Executive  puthnrity  of  this  State     Executive. 

shall  be  vested  in  a  Governor,  to  be  chosen  in  the  man- 
How    • 
ner  following  :  As  soon  as  may  be  after  the  first  meeting  chnseu— &!< 

of  the  Senate  and  House  of  Representatives,  and  at 
every  first  meeting  of  the  House  of  Representatives 
thereafter,  when  a  majority  of  both  Houses  shall  bo 
present,  the  Senate  and  House* of  Representatives  shall 
jointly,  in  the  Hou-;e  of  Representatives,  dioosc  by  bal- 
lot a  Governof,  to  continue  for  two  years,  and  until  a 
ncW  election  shall  be  made. 

Section  2.  No  person  shall  be  eligible  to  the  office  of    Quaiifwa- 

^  ,  '  ,  tlon  of  Oct- 

Governor  unless  he  hath  attained  the  age  of  thirty  years,  eruor. 
and  hath  resided  within  the  State,  and  been  a  citizen 
thereof,  ten  years,  and  unless  be  be  seized  and  possessed 
of  a  settled  estate  within  the  same,  in  his  own  right,  of 
the  value  of  fifteen  hundred  pounds,  sterling,  clear  of 
debt. 

No  person  having  served  two  years  as  Governor  shall  bll" Vo? *'four 
be  reeligible  to.  that  ofiice  till  after  the  expiration   of  J*'""- 
four  years. 

No  person  shall  hold  the  office  of  Governor,  and  any    Diwiuaiia- 
other  office,  or  commission,  civil  or  military,  except  in 
the  militia,  either  in  this  State,  or  under  the  Confederate 
States  of  America,  or  either  of  them,  or  under  any  other 
power,  at  one  and  the  same  time. 

Section  3.  A  Lieutenant  Governor  shall  be  chosen     i-'snten- 

ani  (iovfinor 

at  the  same  time,  in  the  same  manner,  continue  in  office  —how 

'  ohdnep,  Ac. 


812  CONSTITUTION. 

for  the  same  period,  and  be  possessed  of  the  same  quali- 
fications as  tlie  Governor. 

Member  of     Section  4.  A  Member  of  the  Senate  or  House  of 

J>et;i8i.iturH 

Taratfs    his  Representatives  beine  chosen,  and  acting  as  Governor 

(«atonleing         *,  "    .  '  o 

rhosen  Got-  or  Lieutenant  Governor,  shall  vacate  his  seat,  and  another 

•mor  or  •  ,  ' 

Licuterant-  pcrsoD  shall  be  elcctcd  in  his  stead. 

GoTernor. 

y«aindes       SECTION  5.  In  case  of  the  impeachment  of  the  Gov- 

— now  filled.  f 

ernor,  or  his  removal  from  office,  death,  resignation,  or 
removal  from  the  State,  the  Lieutenant  Governor  shall 
succeed  to  his  office.  And  in  case  of  the  impeachment 
of  the  Lieutenant  Govx;rnor,  or  his  removal  from  office, 
death,  resignation,  or  removal  from  the  State,  the  Presi- 
dent of  the  Senate  shall  succeed  to  his  office,  ut-til  a 
nomination  to  those  offices,  respectively,  shall  be  made 
by  the  Senate  and  House  of  Representatives,  for  the 
remainder  of  the  time  for  which  the  officer  so  impeached, 
removed  Iroiii  office,  dying,  resigning,  or  removed  from 
"the  State,  was  elected. 

GoTernor        SECTION    0.  The   Govcrnor  shall  be  Gommander-in- 

to  command  ,^,  .     , 

army,  &c.  Chief  of  the  army  and  navy  of  this  State,  and  of  the 
militia,  except  when  they  shall  be  called  into  the  actual 
service  of  the  Confederate  States  of  America. 

May  grant      SECTION  7.  IIc  shall  have  powcr  to  erant  reprieves 

pardons,  <kc.  .... 

and  pardons  after  conviction,  except  in  cases  of  impeach- 
ment, in  such  manner,  on  such  terms,  and  under  such 
rcatrictioas  as  he  shall  think  proper;  and  he  shall  luive 
power  to  remit  fines  and  foifeitui'es,  unless  otherwise 
directed  by  law. 

Shall  exe-      SECTION  8.  He  shall  tako»care  that  the  laws  be  faith- 
cute  the 
laws.  fully  executed,  in  mercy. 

May  pro-       SECTION  9.  IIc  shall  havc  rower  to  prohibit  the   ex- 
hibit the  ex-  .  „  .  .  .     ^ 
portation  of  portatiOH    of   provisious,    lor  any   time   not  exceeding 

proTisioiis.        ,  .  , 

thirty  days. 
HtB  com-       Section  10.  He  shall,  at  stated  times,  receive  for 

pensation.  .  _  _   '  ,  '         ,  . 

his  services  a  •compensation,  which  shall  be  neither  in- 


CONSTITUTION.  813 

creased  nor  diminished,  during  the  period  for  which  he 
ehall  have  been  elected. 

Section  11.  All  the  officers  in  the  Executive  Depart-  omi^Trshlui 
ment,  when  required  by  the  Governor,  shall  give  him  tion't^oov. 
information,  in  writing,  upon  any  subject  relating  to  the  ®''°°''* 
duties  of  thfeir  respective  offices. 

Section  12.  The  Governor  shall,  from  time  to  time,    oovej-nor 

'         _  '  shall  Hive  in- 

cive  to  the  General  Assembly  information  of  the  condi-  f"imati(m  to 

.  ''  ...         Assembly. 

tion.  of  the  State,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  or  expedient. 

Section    13.  He    may,  on    extraordinary  occasions,     ^'"^i.  "'°°" 

•"  •'  '  Telle  the 

convene  the  General  Assembly,  and  in  case  of  disagree-  *^«"<'™'   ^^ 

•' '  ~  SBDibi.vonex- 

ment  between  the  two  Houses,  with  respect  to  the  time  traoidinary 

*•  occasions, 

of  adjournnjent,  adiourn  thefii   to  such  time  as  he  shall  •I'^d  «Jjourn 
think  proper,   not  beyond  the    fourth  Monday  in  the  ''^hen    they 

•     •  canuotagree. 

month.  01  JNovcmber  then  ensuuijj. 


ARTICLE  III. 

Section  1.  The  judicial  power  shall  be  vested  in  puch    Judiciary. 
Superior  and  Inferior  Courts  of  Law  and  Equity  as  tlie    Courts   of 
Legislature  shall  from  time  to  time  direct  and  establish.  Kquity. 
The  iudges  of  each  shall  hold  their  commissions  during    Judges 
good  behavior;  and  Judges  of  the  Superior  Courts  shall,  <onimi5si.>iH 
at  stated  times,  receive  a  compensation  for  their  services,  behavim,  ro- 
which  shall  neither  be  increased  nor  diminished  during  fiensatioa, 
their  continuance  in  office;  but   they  shall   yeceive  nofiedVrom 
fees  or  perquisites  of  office,  nor  hold  any  other  office  of  other'offlc"^ 
profit  or  trust,  under  this  State,  the   Confederate   States 
of  America,  or  any  other  power.. 

Section  2.  The  style  of  all  process  shall  be.  "  The   '^^yi*  ot 
State  of  South  Carolina."     All  prosecutions  shall    be 
carried  on  in  the  name  and  by  the  authority  of  the  State 
of  South  Carolina,  and  conclude — "  Against  the  peace 
and  dignity  .of  the  same." 


814  COXSTITUTIOX. 

ARTICLE  IV. 


Oath  of 
office. 


All  persons  who  shall  be  elected  or  appointed  \6 
any  office  of  profit  or  trust,  before  entering  ou  the  exe- 
cution thereof,  shall  take  (besides  special  oaths  not  re- 
pugnant to  this  Constitution,  prescribed  by  the  General 
A'sseifibly)  the  followiup:;  oath  :  "I  do  solemnly  swear 
(or  affiruj)  that  I  will  be  faithful,  and  true  allegiance 
bear  to  the  State  of  South  Carolina,  so  lonp;  as  I  may 
continue  a  citizen  thereof;  and  that  I  am  duly  fiualiliod, 
according  to  the  Constitution  of  this  State,  to  exercise 
the  office  to  which  I  have  been  appointed  ;  and  that  I 
will,  to  the  best  of  my  ability,  discharge  the  duties 
thereof,  and  preserve,  protect  and  defend  the  Constitu- 
tion of  this  State,  and  tljut  of  the  Confederate  States  of 
America.     So  help  me  God." 

ArvTICLE  V. 
R  v'-e.>;«n-       Section  1.  The  House  of  Keprescntatives  shall  have 

tiifives  sball  _  '^  ^ 

impeach.  th©  solc  power  of  impeaching;  but  no  impeachment  shall 
be  made,  unless  with  the  concurrence  of  two-thirds  of 
the  House  of  Representatives. 

Senate  to        SECTION  2.  All  iinpeachuients  shall  be   tried  by  the 

try  iiimeiich-  _,  -,,.,     ...  <•        .  i     ,  ^i         o         ^ 

nieuts.  Senate.  V\  hen  sitting  tor  that  purpose,  the  fcenators 
shall  be  ou  oath,  or  affirmation,  and  no  person'  shall  be 
convicted  witliout  the  concurrence  of  two  thirds  of  the 
Members  present. 

whoiwWe      Section  3.  The  Governor,  Lieutenant  Governor,  and 

meut."'"""^  "  all  civil  officers  shall  be  liable  to  impeach niont  for  high 

crimes  and  misdemeanors,  for  any  misbehavior  in  otBce, 

for  corruption  in  procuring  office^  or   for  any  act  which 

Punish-     f^hall  degrado  their  official  character.     But  judgment  in 

Sfconvictl^u*  such  cases  shall  not  extend  further  than  to  removal  frgm 

office  and  disqualification   to  hold   any  office   of  honor, 

trust  or  profit  under  this  State.     The   party  convicted 

shall,  nevertheless,  be  liable   to  indictment,  trial,  judg-- 

ment  and  punij^hnient,  according  to  law. 


CONSTITUTION.  815 

Section  4.  All  civil  officers,  whoso  authority  is  lim-  (^jct"  ninci"s 
ited  to  a  sinffle  Election  District,  a  sinde   Judicial  Dis-  to  beresuu- 

~  '  ^^  tea  I  y  law, 

trict,  or  part  of    either,  shall   be   appointed,  hold   their 
office,  be  removed  from  office,  and  in  addition  to  liability, 
to   impeachment,  may  be  punished  for  official  miscon- 
duct  in  such    manner  as   the   Legislature,  previous   to 
their  appointment,  may  provide. 

Section  5.    If  any  civil  officer  shall  become  disabled  ,  num^Tii 

•'  for  intiruiity, 

from  discharging  the  duties  of  his  office,  by  reason  of 
any  permanent  bodily  or  mental  infirmity,  his  office  may 
be  declared  to  be  vacant  by  joint  resolution,  agreed  to 
by  two-thirds  of  the  whole  Kcprcsentation  in  each  branch 
of  the  Legislature.  Provninf,  That  such  resolution 
shall  contain  the  grounds  for  the  proposed  removal,  and, 
before  it  shall  pass  either  House,  a  copy  of  it  shall  be 
served  on  the  officer,  and  a  hearing  be  allowed  him. 


'  ARTICLE  VI. 

SECTiCKvr  1.     The  Judges 'of  the  Superior  Courts,  the  ^.J.l'^^l^ 
Commissioners  of  the  Treasury,  Secretary'of  the   State,  eiecttd. 
and  Surveyor-General,  shall  be  elected  by  the  joint  bal- 
lot of  both   Houses,  in   the  House  of  lieprescntntives. 
The  Coniuiissioners  of  the  Treasury,   Secretary  of  the  ^f^' 
State,  and  Survc3'orGeneral,  shall   hold  their  offices  for 
four  yearsj  but  shall  not  be  eligible  again  for  four^ears 
after  the  expiration   of  the  time  for  which  they  shall 
have  been  elected. 


Limitation 
me  com- 
luissione. 


Section  2.     All  other  officers  shall  be  appointed  aa    <^">er  om- 

*  *  cprs    linw  aj>- 

thcy  hitherto  have  been,  until  otherwise  directed  by  law:  pointe* 

■'  .  '  ...  •'  '       S\)  lilTnot 

but  a  Sheriff  shall  not   be   again   eligible  for  four  years '"'-(•'ieii'irt 

'  forlilur  joara 

after  the  term  for  which  he  shall  have  been  elected. 


'inuiisrionB. 


Sectio.v  3.    All   commissions  shall  be  in   the  name    style  of 
and  by  the  authority  of  the  State  of  ouuth  Carolina,  and 
be  sealed  with  the  seal  of  the  State,  and  be  signed  by 
the  Governor. 


816  CONSTITUTION. 

ARTICLE  VII. 
i«wg  to        All  laws  of  force  in  this  State,  at  the  passing  of  this 

coi.tinue    of  t  f  o      ' 

force  u.tii    Constitution,  shall  so  continue,  until  altered  or  repealed 

altered.  .  '  '^        . 

hy  the  Legislature,  except  where  tlicy  are  temporary,  m 
which  case  tliey  sh*ll  expire  at  the 'times  respectively 
limited  for  their  duration,  if  not  continued  by  Act  of 
the  Legislature. 

»  • 

ARTICLE  VIII. 
Free  exer-      SECTION   I.    The  frcc  cxcrcisc  and  enjoyment  of  re- 

clsft   of    auv         ,  /.        .  1  1  •  •   1  ,.•... 

reii.'ious  pro-  ligious  profcssioD  and  worship,  witliout  discrimination  or 
preference,  shall  forever  hereafter  be  allowed  within 
Proviso,  this  State,  to  all  mankind :  Proviihd,  that  the  liberty  of 
conscience  hereby  declared  shall  not  be  so  construed  as 
.to  excuse  acts  of  licentiousnes,s,  or  justify  practices  in- 
consistent with  the  peace  or  safety  of  this  State. 

Ki!rhts,Ac      SECTION  2.    The  richts,   privileges!  immunities  and 

preserved   to  c_  r  o 

corporate      estatcs  of  both  civil  and  religious  societies,  and  of  corocr- 

and  other  °  -,..„',. 

bodies.         ate  bodies,  shall  remain  as  if  the  Constitution  of  th;s 
State  had  not  been  altered  or  amended. 


ARTICLE  IX, 

Deciara-         SECTION  1.    All  powc.r  is   originally   vested   in   the 

tiou  of  rights  •  ■,     ■,^   ,.  /■-ii  i- 

people,  and  all  free  governments  arc  lounaed  on  their 
authority,  and  are  instituted  for  .their  peace^  safety  and 
happiness. 

Section  2.  No  freeman  of  this  State  shall  be  taken 
or  imprisoned,  or  disseized  of  his  freehold,  liberties  or 
privileges,  or  outlawed,  or  exiled,  or  in  any  manner  de- 
stroyed or  deprived  of  his  life,  liberty  or  property,  but 
by  the  judgment  of  his  peers,  or  by  the  law  of  the  land  ; 
nor  shall  any  bill  of  attaijder,  ex  iy>st  facto  law,  or  law 
impairing  the  obligation  of  contracts,  ever  be  passed  by 
the  Legislature  of  this  State.  _     '  ^ 


CONSTITUTION.  817 

Section  3.  The  military  shajl  be  subordinate  to  the 
civil  power. 

Section  4.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  punishments  inflicted. 

Section  5.  The  Legislature  shall  not  grant  any  title 
of*  nobility,  or  hereditary  distinction,  nor  Qrea+e  any 
office,  the  appointment  to  which  shall  be  for  any  longer 
time  than  during  good  behavior. 

Section  .6.    The  trial  by  jury,  as  lieretofore  used  ia 
this  State,  and  the  liberty  of  the  press,  shall   be   forever  . 
inviolably  preserved. 

Section  7-  The  rights  of  primogeniture  shall  not  be 
reestablished,  and  there  shall  not  fail  to  be  some  legis- 
lative provision  for  the  equitable  distribution  of  the 
estates  oi  intestates. 

ARTICLE  X.' 

Section  1.    The  business  of  the  Treasury  sljall  be  in    Treasury 

— hnw  COQ- 

future  conducted  by  two  Treasurers,  one  of  whom  shaU  ducted, 
hold  his  office  and  reside  in  Columbia,  the  other  shall 
hold  his  office  and  reside  in  Charleston. 

Section  2.-  The  Secretary  of  State  and  the  Surveyor    AndSecro- 

.  1         1  .  1  tary's   office. 

General  shall  hold  their  offices  both  in  Columbia  and 
Charleston.  They  shall  reside  at  one  place,  and  their 
deputies  at  the  other. 

Section  3.     The   Judges  shall,  at  such  times  and    Times  and 

_  placos^of 

places  as  shall  be  prescribed  by .  Act  of  the  Legislature  the  meetings 

"  *^  •'  "  ,         of  .JudRes  at 

of  this  State,  meet  and  sitf  for  the  purpose  of  hearing  diRcreiinn  of 

.,,  ,  ^  legislature. ' 

and  determining  all  motions  which  may  bo  made  for 
new  trials,  and  in  arrest  of  judgment,  and  such  points 
of  law  as  may  le  submitted  to  them. 

Section  4.    The  Governor  shall  always  reside,  during  *0"Temor 

•'  '  ."  shall    reside 

the  sitting  of  the  JjCfrislature,  at  the   place  where  their  where  Le-ig- 
Session  may  be  held  ;  and  at  all  other    times    where-  during   »«»- 

...  ,  •  "iou- 

ever,  in  his  opinion,- the  public  good  may  require. 
1U3 


818  CONSTITUTION. 

ARfflCLE  XL 

t<fZTriied  Section  1.  No  Convention  of  the  People  sball  be 
I'l^jjj.'^f  ,^g  callecj,  unless  by  the  concurrence  of  two-thirds  of  both 
i>egi.«iature.  branchcs  of  the  whole  Representation.    . 

Constitu-        Section  2.    No  part  of  this  Constitution  shall  be  al- 

tinn — how  '■  , 

altered.  tcrcd,  unless  a  bill  to  alter  the  same  shall  have  been 
read,  on  three  several  days,  in  the  Hofase  of  Represen- 
tatives, and  on  three  several  days  in  the  Senate,  and 
agreed  to  at  the  second  and  third  readings,  by  two- 
thirds  of  the  whole  Representation  in  each  branch  of 
the  Legislature;  neither  shall  any  alteration  take  place 
until  the  bill  so  agreed  to  be  published  three  months 
previous  to  a  new  election  for  Members  of  the  House  of 
*  Representatives  ;■' and  if  the  alteration  proposed  by  the 
Legislature  shall  be  agreed  to,  in  their  first  Session,  by 
two-thirds  of  the  whole  Representation,  in  each  branch 
of  the  Legislature,  after  the  same  shall-  have  been  read 
on  three  several  days  in  each  House,  then,  and  not  other- 
wise, the  same  shall  become  a  part  of  the  Constitution. 

Done  in  Convention  at  Charleston,  in  the  State  of 
South  Carolina,  the  eijrlith  'day  of  April,  in  the 
year  of  our  Lord  one  thousand  eignt  hundred  and 
sixty-one,  and  in  the  eighty-fifth  year  of  the  sov- 
ereignty of  the  State  of  South  Carolina. 

D.  F.  JAMIONM, 

President.  ' 

Attest:    B.  F.  Aethur,    Clerk. 


-      .      CONSTITUTION 

FOR    THE 

PR0YI8I0Jf-AL    GOVERJfMENT 

OF    TUH 

» 

CONFEDERATE   STATES  OF  AMERICA. 


We,  the  Deputies  of  the  Sovereign  and  Independent  States  of  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi  and  Louisiana,  in- 
voking the  favor  of  Almighty  God,  do  hereby,  in  behalf  of  these  States, 
ordain  and  establish  this  Constitution  for  the  Provisional  Government 
of  the  same ;  to  continue  one  year  from  the  inauguration  of  the  Presi- 
dent, or  until  a  permanent  Constitution  or  Confederation  between  the 
said  States  shall  be  put  in  operation,  whichsoever  shall  first  occur. 

ARTICLE  I. 

SECTION   I. 

All  legislative  powers  herein  delegated  shall  be  vested  in  this  Con- 
gress now  assembled,  uotil  otherwise  ordained. 

SECTION    II. 

When   vacancies  happen  in   the  representation  from  any  State,  the 

same  shall  be  filled  in  such  uiani>er  as  the  proper  authorities  of  the 

State  shall  direct. 

i 

SECTION    III. 

1.  The  Congress  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  members;  any  number  of  Deputies  from  a  majority 
of  the  States  being  present,  ^lall  constitute  a  q.uoruni  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  ix»y  be  author- 
ized to  compel  the  attendance  of  absent  members:  upon  all  questions 


820  PROVISIONAL  COXSTITUHON. 

before  the  Congress,  ench  State  shall  be  entitled  to  one  vote,  and  shall 
be  represented  by  any  one  or  more  of  its  Deputies  who  muy  be  pres-ent. 

2.  The  Confrress  may -determine  the  rules  of  its  prucccdinirs,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  two- 
thirdsj  expel  a  niember. 

3.  The  Conprcris  shall  keep  a  journal  of  its  proceedinirs,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  rcfjuire  secrecy;  and  the  yeas  and  nays  of  the  members  on 
any  queation,  shall,  at  the  desire  of  oiie-liltli  of  those  present,  or  at  the 
instance  of  any  one  State,  be  entered  on  the  journal. 

.     4 
,     SECTION-   IV.  ' 

The  members  of  Congress  shall  receive  a  compensation  for  their 
Bcrviccs,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the 
Confederacy.  Tliey  shail  in  all  cases,  except  treason,  felony  and  breach 
of  the  peace,  be  privileged  from  arrest  durintr  their  attendance  at  the 
session  of  the  Congress,  and  in  going  to  and  returning  from  the  same; 
and  for  any  speech  or  debate,  they  shall  not  be  quesl>iuued  in  any 
other  place.      •  '  . 

SECTION    V. 

1.  Every  bill  which  shall  have  passed  the  Congress,  shall,  before  it 
become  a  law,  be  presented  to  tho  President  of  the  Confederacy;  if 
he'approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his 
objections,  to  the  Congress,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  Ify  after  such  reconsidera- 
tion, two-thirds  of  the  Congress  shall  agree  to  pass  the  bill,  it  shall 
become  a  law.  But  in  all  such  cases,  the  vote  shall  be  determined  by 
yeas  and  nays;  and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal.  If  any  bill  .'"liall  not  be  returned 
by  the  President  nvithin  ten  days  (Sundays  exeepted)  after  it  shall 
have  been  preseiit^ed  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the,  Congress,  by  their  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  not  be  a  law.  The  Pre.>-ident 
may  veto  any  appropriati.un   or  appropriations  and  approve   any  other 

■  appropriation  or  appropriations  in  the  same  bill. 

2,  Every  order,  resolution  or  vote,  intended  to  have  the  force  and 
effect  of  a  law,  shall  be  presented  to  the  President,  and  before  tho 
Bame  shall  tftke  effect,  shall  be  approved  by  him,  or  being  disapproved 


PROVISIONAL  CONSTITUTION.  821 

by  him,  sLall  be  repassed  by  two-thirds  of  the  Congress,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

3.  Until  the  inaupuration  of  the  President,  all  bills,  orders,  rcsolu- 
tioqs  and  votes  adoptcdi  by  the  Congress  shall  be  of  full  force  without 
approval  by  him. 

SECTION    VI. 

1.  The  Congress  shall  have  power  to  lay  and  collect  taxes,  duties, 
imposts  and  excises,  for  the  revenue  necessary  to  pay  the  debts  and 
carry  on  the  Government  of  the  Confederacy;  and  all  dutie.",  iniposts 
and  excises  shall  be  uniform  throughout  the  States  of  the  Confederacy. 
And  this  Congress  shall  also  exercise  executive  powers,  until  the 
President  is  inaugurated: 

2.  To  borrow  money  on  the  crcdft  of  the  Confederacy: 

3.  To  regulate  commerce  with  foreigif  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes: 

4.  To  esfabliish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  Confederacy: 

5.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures: 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  Confederacy. 

7.  To  establish  post  offices  and  post  roads : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securin"-, 
for  limited*  times,  to  authors  and  inventors,  the  exclusive  right  to  their 
respective  writings  and  discoveries  : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court: 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  oifences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concernfng  captures  on  land  and  water: 

12.  To  raise  and  support  armies;  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years: 

•    13.  To  provide  and   maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces: 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Confederacy,  suppress  insurrections,  and  ixpel  invasions: 

16.  To  provide  for  organizing,  arming  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  service 


822  PROVISIONAL  CONSTITUTION. 

of  the  Confederacy,  reserving  to  the  States  respectively  the  appoint- 
ment of  the  officers,  and  the  authority  of  training  the  militia  according 
tcJ  the  discipline  prescribed  by  Conirrcss:  and 

17.  To  make  all  laws  which  shall  be  nece.sisa#y  and  proper  for  carry- 
ing into  execution  the  foregoinj;  pov\'crs  and  all  other  powers  expressly 
delegated  by  this  ConstiJrution  to  this  Provisional  Government. 

SEOTloN    VII. 

1.  The  importation  of.  African  negroes  from  any  foreign  country 
other  than  the  slaveholding  States  of  the  United  States,  is  hereby  for- 
bidden ;  and  Congress  is  required  to  pass  such  laws  as  shall  effectually 
prevent  the  same.     '   - 

2.  'Ihe  Congress  shall  alSo  have  power  to  prohibit  the  introduction 
of  slaves  from  any*  State  not  a  mciffber  of  this  Coufcdoraey. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended 
unless,  when  in  cases  of  rebellion  or  invasion,  the  j}ublic  safety  may 
require  it.  - 

4.  No  bill  of  attainder,  or  ex  post  fac'n  law,  shall  be  passed. 

5.  No  preference  shall  be  given,  by  any  regulation  of  commerce  or" 
revenue,'  to  the  ports  of  one  State  over  those  of  another;    nor  shall  ves- 
sels bound  to  or  from  one  State  be  obliged  to  enter,  clear,  or  pay  duties 
in  another.  . 

6.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  Jind  account 
of  the  receipts  and  expenditures  of  all  public  moneys  shall  be  published 
from  time  to  time. 

7.  Congress  shall  appropriate  no  money  from  the  treasury  unless  it 
be  asked  for  by  the  President  or  some  one  of  the  heads  of  Depart- 
ments, except  for  the  purpose  of  paying  its  own  expenses  and  contin- 
gencies. 

8.  No  title  of  nobility  shall  be  granted  by  the  Confederacy;  and  no  , 
person  holding  any  office  of  proiit  or  tnast  under  it,  shall,-  without  the 
consent  of  the  Congress,  accept  of  any  present,   emolument,  office,  or 
title  of  any  kind  -whatever,  from  any  king,  prince,  or  foreign  State.    ■ 

9.  Congress  shall  make  no  law  respecting  an  establishment  of  religion 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech  or  of  the  press  ;  or  the  right  of  the  pco])le  peaceably  to  assem- 
ble, and  to  petition  the  Government  for  a  redress  of  such  grievances  as 
the  delegated  powers  of  this  Government  may  warrant  it  to  consider 
and  redress. 


*      •    PPtOVISIOIiAL  CONSTITUTION.  82S 

10.  A  well  repulatcd  militia  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed. 

11.  No  soldier  shall,  in  time  of  pcacCj  be  quartered  in  any  house 
without  the  consent  of  tlie  owner;  nor  in  time  of  war,  but  in  a^uan- 
ncr  to  be  prescribed  by  law.   '     . 

12.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
"papers,  and*  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated  ;  and  no  warrants  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized  , 

13.  No  person  shall  be  held  to- answer  for  a  capital  or  otherwise  in- 
famous crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  iq  jeopardy  of 
life  or  limb;  nor  shall  be  compelled,  in  any  criminal  case,  to  be  a  wit- 
ness against  himseW;  nor  be  deprived  of  life,  liberty  or  property,  with- 
out due  process  of  law ;  nor  shall  private  property  be  taken  for  public 
use,  without  just  compensation.  , 

14.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 

•  wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  jireviously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  t\ie  accusation  ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  compulsory  process  for  obtaining  witnesses  in  hia 
favor;  and  to  have  the  assistance  of  counsel  for  his  defence. 

15.  In  suits  at  comftion   law,  where  the   value   in   controversy  shall 
•  exceed  twenty  dollars,  the  right   of  trial  by  jury   shall   be  preserved; 

and  no  fact,  tried  by  a  jury,  shall  be  otherwise  reexamined  in  any 
Court  of  the  Confederacy  than  according  to  the  rules  of  the  common 
law. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishnfccnts  inflicted. 

17.  The  enumeration,  in  the  Constitution,  of  certain  right.'«,  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people. 

18.  The  powers  not  delegated  to  the  Confederacy  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  re- 
spectively, or  to  the  people. 

19.  The  judicial  power  of  the  Confederacy  shall  not  be  construed  to 


824  PROVISIONAL  CONSTITUTION.    • 

extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  Stdtes  of  the  Confederacy,  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  State. 

SECTION   VIII. 
f 

X.  No   State   shall   enter  into   any  treaty,  alliance,   or    confedera- 
tion ;  grant  letters  of  luarque  and  reprisal;  coin  money;  ciuit  bills  of 
credif;  make  any  thing  but  gold  and   silver  coin  a  tender  iji   piiynient  • 
of  debts;  pass  any  bill  of  attainder,  ex  poi<t  facto  law,  or  law  impairing 
the  obligation  of  contracts;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws ;  and  the  net  produce  of 
all  duties  and  imposts,  laid  by  any  State  on  imports  pr  exports,  shall 
be  for  the  use  of  the  treasury  of  the  Confederacy,  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Congress.  No  State 
shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage,  enter 
into  any  agreement  or  compact  with  another  State,*or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay.  -  ', 

,   ARTICLE.  II. 

SECTION    I. 

• 

1.  The  Executive  power  shall  be  vested  inq,  President  of  the  Con- 
federate States  of  America.  He,  together  with  the  Vice  President, 
shall  hold  his  ofSce  for  one  year,  or  until  tlvis  Provisional  Grovernment 
shall  be  superseded  by  a  Permanent  Government,  whichsoever  shall 
first  occur." 

2.  The  President  and  Vice  President  shall  be  elected  by  ballot  by 
the  States  represented  in  tliis  Congress,  each  State  casting  one  vote, 
and  a  majority  of  the  whole  being  requisite  to  elept. 

3.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  one  of  the 
States  of  this  Confederacy  at  the  time  o^the  adoption  of  this  Constitu- 
tion, shall  be  eligible  to  the  ofl&ce  of  President ;  neither  shall  any  per- 
son be  eligible  to  that  office  who  shall  not  have  attained  the  age  of 
.thirty-five  years  and  been  fourteen  years  a  resident  of  one  of  the  States 
of  this  Confederacy. 

4.  In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of  the 


PROVISIONAL  CONSTITUTION.  825 

said  office  (which  fbability  shall  be  determined  by  a  vote  of  two-thirds 
of  the  Congress),  the  same  shall  devolve  on  the  Vice  President;  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resignation 
or  inability,  both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President ;  and  such  officer  shall  %ct  accord- 
ingly until  the  disability  be  removed,  or  a  President  shall  be  elected. 

5.  The  President  shall  at  stated  limes  receive  for  his  services,  durinc 
the  period  of  the  Provisional  Government,  a  compensation  at  the  rate 
of  twcn^ty-Gve  thousand  dollars  per  annum  ;  and.  he  shall  not  receive, 
during  that  period,  any  other  emolument  from  this  Confederacy,  or  any 
of  the  States  thereof. 

6.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  Confederate  States  of  America,  and  will,  to 
the  best  of  my  ability,  preserve,  protect,  >and  defend  the  Constitution 
thereof." 

SECTION   II. 

1.  The  President  shall  be  Commander  in-Chief  of  the  Army  and 
Navy  of  the  Confederacy,  and  of  the  Militia  of  the  several  States,  when 
called  into  the  actual  service  of  the  Confederacy;  he  may  require  the 
opinion  in  writing,  of  the  principal  officer  in  each  of  the  Executive 
Departments,  uponarry  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  shall  have  power  to  grant  reprieves  and  pardons  for  of- 
fences against  the  Confederacy,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Congress,  to  make  treaties,  provided  two-thirds  of  the  Congress  concur: 
and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of  the 
Congress,  shall  appoint  ambassadors,  other  public  ministers  and  consuls, 
Judges  of  the  Court,  and  all  other  officers  of  the  Confederacy  whose 
appoiutments  are  not  herein  otherwise  provided  for,  and  whicli  shall  be 
established  by  law.  But  the  Congress  may,  by  law,  vest  the  appoint- 
ment of  such  inferior  officers  as  they  think  proper  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

8.  The  President  shall  have  power  to  fill  up  all  vacancies  that  m.iy 
happen  during  the  recess  of  the   Congress,  by  granting  commissions 
■which  shall  expire  at  the  end  of  their  next  session. 
lOi 


826  PROVISIONAL  CONSTITUTION. 

SECTION    III. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  information  Of 
the  state  of  the  Confederacy,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on 
extraordinary  occasions,  convene  the  Congress  at  such  time  as  he  shall 
think  proper  ;  he  shall  receive  ambassadors  and  other  public  ministers; 
he  shall  take  care  that  the  laws  be  faithfully  executed;  and  shall  com- 
mission all  the  officers  of  the  Confederacy. 

2.  The  President,  Vice  President,  and  all  civil  officers  of  *he  Con- 
federacy shall  be  removed  from  office  on  conviction  by  the  Congress  of 
treason,  bribery  or  other  high  crimes  and  misdemeanors:  a  vote  of 
two-thirds  shall  be  necessary  for  such  conviction. 

ARTICLE    IIL 

SECTION   I. 

1.  The  judicial  power  of  the  Confederacy  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  Courts  as  are  herein  directed,  or 
as  the  Congress  may  from  time  to  time  ordain  and  establish. 

2.  Each  State  shall  constitute  a  district,  in  which  there  shall  be  a 
court  called  a  District  Court,  which,  until  otherwise  provided  by  the 
Congress,  shall  have  the  jurisdiction  vested  by  the  laws  of  the  United 
States,  as  far  as  applical  le,  in  both  the  District  and  Circuit  Courts  of  the 
United  States  for  that  State;  the  Judge  whereof  shall  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Congress, 
and  shall,  until  otherwise  provided  by  the  Congress,  exercise  the  power 
and  authority  vested  by  the  laws  of  the  United  States  in  the  Judges  of 
the  District  and  Circuit  Courts  of  the  United  States,  for  that  State,  and 
shall  appoint  the  times  and  places  at  which  the  Courts  shall  be  held. 
Appeals  may  be  taken  directly  from  the  District  Courts  to  the  Supreme 
Court,  under  similar  regulatiot^^  to  those  which  are  provided  in  cases 
of  appeal  to  the  Supreme  Court  of  the  United  States,  or  under  such 
other  regulations  as  may  be  "^provided  by  the  Congress.  The  commis- 
Biona  of  all  the  judges  shall  expire  with  this  Provisional  Government, 

3.  The  Supreme  Court  shall  be  constituted  of  all  the  District  Judges, 
a  majority  of  whom  shall  be  a  quorum,  and  shall  sit  at  such  times  and 
places  as  the  Congress  shall  appoint. 

4.  The  Congress  shall  have  power  to  make  laws  for  the  transfer  of 
any  causes  which  were  pending  in  the  Courts  of  the  United  States,  to 
the  Courts  of  the  Confederacy,  and  for  the  execution  of  the  orders, 


PROVISIONAL  CONSTITUTION.  827 

decreesand  judgments  heretofore  rendered  by  the  said  Courts  of  the 
United  States ;  and  also  all  laws  which  may  be  requisite  to  protect  the 
parties  to  all  such  suits,  orders,  judgments  or  decrees,  their  heirs,  per- 
sbnal  representatives  or  assignees. 

SECTION     II. 

1.  The  judicial  power  shall  exteiid  to  all  cases  of  law  and  equity, 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and  of 
this  Confederacy,  and  treaties  made,  or  which  shall  be  made,  under  its 
authority ;  to  all  cases  affecting  ambassadors,  other  public  uiiuisters 
and  consuls;  to  all  cases  of  admiralty  and'  maritime  jurisdiction;  to 
controversies  to  which  the  Confederacy  shall  be  a  party ;  controversies 
between  two  or  more  States ;  between  rf;itizens  of  different  States ;  be- 
tween citizens  of  the  same  State  claiming  lands  under  grants  of  differ- 
ent States. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court . 
shall  have  original  jurisdiction.  In  all,  the  other  cases  before  men- 
tioned, the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions  and  under  such  regulations  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury,  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
shall  have  been  committed;  but  when  not  committed  within  any 
State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by 
law  have  directed. 

SECTION    III. 

1.  Treason  against  this  Confederacy  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open  Court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  trea- 
son ;  but  no  attainder  of'  treason  shall  work  corruption  of  blood  or 
forfeiture,  except  durinir  the  life  of  the  person  attainted. 

ARTICLE    IV. 

SECTION   I. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records  and  judicial  proceedings  of  every  other  State.     And   the 


-  828  PROVISIONAL  CONSTITUTION. 

Congress  may,  by  general  laws,  prescribe  the  manner  in  which  such 
acts,  records  and  proceedings  shall  be  proved,  and  the  effect  of  such 
•proof. 

SECTION     IT. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  executive  authority  of -the  State  from  which  he  fled,  be 
delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

3.  A  slave  in  one  State,  escaping  to  another,  shall  be  delivered  up 
on  claim  of  the  party  to  whom  said  slave  may  belong,  by  the  executive 
authority  of  the  State  in  which  such  slave  shall.be  found;  and  in  case 
of  any  abduction  or  forcible  rescue,  full  compensation,  including  .the 
value  of  the  slave  and  all  costs  and  expenses,  shall  be  made  to  the  party 
by  the  State  in  which  such  abduction  or  rescue  shall  take  place. 

SECTION    III. 

1.  The  Confederacy  shall  guarantee  to  every  State  in  this  Union  a 
republican  form  of  Government,  and  shall  protect  each  of  them  against 
invasion  ;  and,  on  application  of  the  Legislature  or  of  the  Executive 
(when  the  Legislature  cannot  be  convened),  against  domestic  violence. 

*  .       ARTICLE  V. 

1.  The  Congress,  by  a  vote  of  two-thirds,  .may,  at  any  time,  alter  or 
amend  this  Constitution. 

ARTICLE  VI. 

1.  This  Constitution,  and  the  laws  of  the  Confederacy  which*  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be 
made,  under'  the  authority  of  the  Confederacy,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

2.  The  Government  hereby  instituted  shall  take  immediate  steps  for 
the  settlement  of  all  matters  between  the  States  forming  it,  and  their 
other  late  confederates  of  the  United  States  in  relation   to  the  public  . 
property  and  public  debt  at  the  time  of  their  withdrawal  from  them ; 


PROVISIONAL  CONSTITUTION.  829 

these  States  hereby  declaring  it  to  be  their  wish  and  earnest  desire  to 
adjust  everything;  pertaining  to  the  common,  property,  common  liability 
and  commou  obligations  of  that  Union,  upon  the  principles  of  right, 
justice,  equity  and  good  faith. 

8.  Until  otherwise  provided  by  the  Congress,  the  City  of  Mont- 
gomery, in  the  State  of  Alabama,  shall  be  the  seat  of  Government. 

4.  The  members  of  the  Congress  and  all  executive  and  judicial 
oflBcers  of  the  Confederacy  shall  be  bound  by  oath  or  affirmation  to  sup- 
port this  Constitution ;  but  no  religious  test  shall  be  required  as  a 
qualification  to  any  office  or  public  trust  under  this  Confederacy. 

5.  The  Congress  shall  have  power  to  admit  Other  States. 


coin'stitution 


OF  THE 


CONFEDERATE  STATES  OF  AMERICA. 


We,  the  people  of  the  Confederate  States,  each  State  acting  in  its 
sovereign  and  independent  character,  in  order  to  form  a  permanent 
federal  Government,  establish  justice,  insure  domestic  tranquillity, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity — in- 
voking the  favor  and  guidance  of  Almighty  God — do  ordain  and  es- 
tablish this  Constitution  of  the  Confederate  States  of  America. 

ARTICLE  J. 

y  SECTION    I. 

1.  All  legislative  powers  herein  delegated  shall  be  vested  in  a  Con- 
gress of  the  Confederate  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

SECTION    II. 

1.  The  House  of  Representatives  shall  be  composed  of  Members 
chosen  every  second  year  by  the  people  of  the  several  States;  and  the 
electors  in  each  State  shall  be  citizens  of  the  Confederate  States,  and 
have  the  qualifications  roqui!?ite  for  electors  of  the  most  numerous 
branch  of  the  State  Legislature  ;  but  no  person  of  foreign  birth,  not  a 
citizen  of  the  Confederate  States,  sh;ill  be  allowed  to  vote  for  any 
officer,  civil  or  political,  State  or  federal. 

2.  Mo  person  shall  be  a  Representative  who  shall  not  have  attained 
the  age  of  tweuty-6ve  years,  and  be  a  citizen  of  the  Confederate  States, 


832  PERMANENT  CONSTITUTION. 

and  who  shall  not,  when  elected,  be  an   inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Confederacy,  accord- 
ing to  their  respective  numbers — which  shall  be  determined  by 
adding  to  the  whole  number  of  free  persoi^s,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  slaves.  The  actual  enumeration  shall  be  made  within  tht^e 
years  after  the  first  meeting  of  the  Congress  of  the  Confederate  States, 
and  within  every  subsequent  term  of  ten  years,  in  such  manner  as  they 
Bhall,  by  law,  direct.  Tl*e  number  of  Representatives  shall  not  exceed 
one  for  every  fifty  thousand,  but  each  State  shall  have,  at  least,  one 
Representative ;  and  until  such  enuuieration  shall  b»  made,  the  State 
of  South  Carolina  shall  be  entitled  to  choose  six,  the  State  of  Georgia 
ten,  the  State  of  Alabama  nine,  the  State  of  Florida  two,  the  State  of 
Mississippi  seven,  the  State  of  Louisiana  six,  and  the  State  of  Texas 
six. 

4.  When  vacancies  happen  in  the  representation  from  any  State,  the 
Executive  authority  thereof  shall  issue  writs  of  election  to  till-  such 
vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment;  except 
that  any  judicial  or  other  federal  oflicer,  resident  and  acting  solely 
within  the  limits  of  any  State,  may  be  impeached  by  a  vote  of  two- 
thirds  of  both  branches  of  the  Legislature  thereof. 

SECTION    III. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  for  six  years  by  the  Legislature 
tjiereof^  at  the  regular  sessKin  next  immediately  preceding  the  com- 
mencement of  the  term  of  service ;  and  each  Senator  shall  have  one 
vote. 

2.  Immediately  after  they  shall  be  assembled,  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  a.s  maybe  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year;  of  the  second  class  at  the  expira- 
tion of  the  fourth  year ;  and  of  the  third  class  at  the  expiration  of  the 
sixth  year;  so  that  one-third  may  be  chosen  every  second  year;  and  if 
vacancies  happen  by  resignation,  or  otherwise,  during  the  recess  of  the 
Legislature  of  any  State,  the  Executive  thereof  may   make   temporary 


PERMANENT  CONSTITUTION.  833 

appointments  until  the  nest  meeting  of  the  Legislature^  which  shall 
then  fill  such  vacancies, 

3.  No  person  shall  bell  Senator  who  shall, not  have  attained  the  age 
of  thirty  years,  and  be  a  citizen  of  the  Confederate  States;  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  the  State  for  which  he 
shall  be  chosen; 

4.  The  Vice  President  of  the  Confederate  States  shall  be  President 
of  the  Senate  ;  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  thoir  other  officers  ;  and  also  a  President 
pro  tempore  in  the  absence  of  the  Vice  President,  or  when  he  shall 
exercise  the  office  of  President  of  the  Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of*  the  Confederate  States  is  tried,  the  Chief 
Justice  shall  preside  ;  and  no  person  shall  be  convicted  without  the 
concurrence  of  two- thirds  of  the  Members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit  und^r  the  Confederate  ^^'tates;  but  the  party 
convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

• 

SECTION    IV. 

1.  The  times,  places  and  manner  of  holding  elections  for  Senators 
and  i.iepresfintatives  shall  be  prescribed  in  each  State  by  the  Legisla- 
ture thereof,  subject  to  the  provisions  of  this  Constitution  ;  but  the 
Congress  may,  at  any  time,  by  law,  make  or  alter  such  regulations,  ex- 
cept as  to  the  times  and  places  of  choosing  Senators. 

2.  TheCongiess  shall  assemble  at  lea»t  once  in  every  year;  and- 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall,  by  law,  appoint  a  different  day. 

SECTION    V.  • 

1,  Each  House  shall  be  the  judge  of  the  elections,  returns  and  qual- 
ifications of  its  own  Members,  and  a  'majority  of  each  shall  constitute 
a  quorum«to  do  business;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
Members,  in  such  manner,  and  under  such  penalties,  us  each  House 
may  provide.  •  '     • 

2.  Each  Htruse  may  determine  the  rules  of  its  proceedings,  punish 

105 


834  PERMANENT  CONSTITUTION.  . 

its  Members  for  disorderly  behavior,  and,   with    the  concurrenee   of 
two-thirds  of  the  whole  nuinbor,  expel  a  Member. 

3.  Each  House  shall  keep  a  journal  of  ifl  proceedinpjs,  and,  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy;  and  the  yeasi  and  nays  of  the  Members  of 
eithei"  House,  on  any  question,  sliall,  at  the  desire  of  one-fifth  of  those 
present^  be  entered  on  the  journal. 

4.  Neither  House,  durini;  the  session  of  Con£>ress,  shall,  without  the 
■  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 

place  than  that  in  which  the  two  Houses  shall  be  sitting. 

^ECTIOfi   VI. 

1.  The  Senators  and  Representatives  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 
of  the  Confederate  States.  They  shall,  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  the  session  of  their  respective  Houses,  iand  in  going  to 
and  returning  from  the  same;  and  for  any  speech  or  debate  in  either 
House  they  shall  not  be  questioned  in  any-other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  b^  appointed  to  any  civil  office  under  the  authority  of 
the  Confederate  States,  which  shall  have  been  created,  or  the  emolu- 
m^ts  whereof  shall  have  been  increased  during  such  time;  and  no 
person  holding  any  office  under  the  Confederate  States  shall  be  a  I^Iem- 
ber  of  either  House  durj,pg  his  continuance  in  office.  But  Congress 
may,  by  law,  grant  to  the  principal  officer  in  each  of  the  Executive 
Departments  a  seat  upon  the  floorlof  either  House,  with  the  privilege 
of  discussing  any  measure  appertaining  to  his  department. 

SECTION    VII. 

■  1.  All  bills  ior  raising  I'evenue  shall  originate  in  the  House  of 
Representatives;  but  the  Senate  may  propose  or  concur  with  amend- 
ments as  on  oth-er  bills. 

2.  Every  bill,  which  shall  have  passed  both  Houses,  shall,  before  it 
becomes  a  law,  be  presented  to  the  President  of  the  Confederate 
States;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  that  House  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on  their  Journal,  and  proceed  to 
reconsider  it.     If,  after  such  reconsideration,  twotliirds  of  that  House 


PERMANENT  CONSTITUTION.  835 

shall  agree  to  pass,  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  tWo-thirds  of  that  House,  it  shall  become  a  law.  But,  in 
all  such  cases,  the  votes  of  both  Houses  shall  be  determined  by  yeas  ' 
and  nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill 
sharll  be  entered  on  the  journal  of  each  House  respectively.  If  any  bill 
slmll  not  be  returned  by  the  President  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to- him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Conj^rcss,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not  bo  a  law. 
The  President  may  approve  any  appropriation  and  disapprove  any  other 
appropriation  in  the  same  bill.  In  such  case  he  shall,  in  signing  the 
bill,  designate  the  appropriations  drsapproved;  and  shall  return  a  copy 
of  such  appropriations,  with  his  objections,  to  the  House  in  which  the 
bill  shall  have  originated;  aud  the  same  proceedings  shall  then  be  had 
as  in  case  of  other  bills  disapproved  by  the  President.  * 

3.  Every  order,  resolution  or  vote,  to  jvhich  the  concurrence  of  both 
Houses  may  be  necessary  (except  on  a  question  of  adjournment), 
shall  be  presented  to  the, President  of  the  Confederate  States;  and 
before  the  same  shall  take  effect,  shall  be  approved  by  him;  or  being 
disapproved  by  him,  shall  be  repassed  by  two-thit-ds  of  both  Houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

SECTION    VIII. 

The  Congress  shall  have  power —  . 

1.  To  lay  and  Collect  taxes,  duties,  imposts  and  excises,  for  revenue 
necessary  to  pay  the  debts,  provide  for  the  common  defence,  and  to 
carry  on  the  Government  of  the  Confederate  States;  but  no  bounties 
shall  be  granted  from  the  treasury;  nor  shall  any  duties  or  taxes  on  im- 
portations from  foreign  nations  be  laid  to  promote  or  faster  any  branch 
of  industry;  and  all  duties^  iuiposts  and  excises  shall  be  uniform 
throughout  the  Confederate  States: 

2.  To  borrow  money  on  the  credit  of  the  Confederate  States:       , 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes;  but  neither  this,  nor  any  other 
clause  contained  in  the  Constitution,  shall  ever  be  construed  to  dele- 
gate the  power  to  Congress  to  appropriate  money  for  any  internal  im- 
provement intended  to  facilitate  commerce,  except  for  the  purpose  of 
furnishing  lights,  beacons  and  buoys,  and  other  aids  to  navigation  upon 
the  coasts,  and  the  improvement  of  harbors,  and  the  removing  of  ob- 


836  PERMANENT  CONSTITUTION. 

structions  in  river  navigation,  in  all  which  cases, 'such  duties  shall  be 
laid  on  the  navigation  facilitated  thereby,  as  may  be ''necessary  to  pay 
the  Costs  and  expenses  thereof : 

4.  To  establish  uniform  laws  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies,  throughout  the  Confederated  States;  but 
no  law  of  Congress  shall  discharge  any  debt  contracted  before  the  pas- 
sage of  thf  same  : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
'  and  fix  the  standard  of  weights  and  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  Confederate  States  :     . 

7.  To  establish  post  offices  and  post  routes;  bat  the  expenses  of  the 
Post  Office.  Department,  after  the  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-three,  shall  be  paid  out  of  its  own 
revenues : 

8.  To'promote  the  progress  of  science  and  useful  arts,  by  securing, 
foi'  limited  times,  to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries  : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court^ 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  ofienf  es  against  the  law  of  nations : 

11.  To  declare' war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  laud  and  water: 

12.  To  raise  and  support^rmies ;  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  "years  :  -  • 

13.  To  provide  and  maintain  a  navy : 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  *to  execute  the 'laws  of 
the  Confederate  States,  suppress  insurrections  and  repel  invasions: 

16.  To  provide  for  organizing,  arming  and  disciplining  the  militia, 
and  for  governing  such  part  of  tbcni  as  may  be  employed  in  the  service 
of  the  Confederate  States ;  reserving  to  the  States,  respectively,  .the 
appointment  of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress: 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
one  or  more  States  and  the  acceptance  of  Congress,  become  the  seat  of 
the  Government  of  the  Confederate  States;  and  to  exercise  lilfb 
authority  over  all  places  purchased  by  the  consentof  the  Legi^atiire 


PERMANENT  CONSTITUTION.  837 

of  the  State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  buildinjrs  :  and* 
^18.  To, make  all  laws  which, shall  be  necessary  and  proper  for  carry- 
ing'into  execution  the  foregoing  powers,  and  all  other  powers  vested  by 
this  Constitution  in  the  Government  of  the  Confederate  States,  or  iu 
any  department  or  officer  thereof 

•    »  SECTION  IX. 

1.  The  importation  of  negroes  of  the  African  race,  from  any  foreiirn 
country,  other  than  the  slaveholding  States  or  Territories  of  the  United 
States  of  America,  is  hereby  forbidden;  and  Congress  isi  required  to 
pass  such  laws  as  shall  effectually  prevent  the  same. 

^2.   Congress  shall  also   have   power  to  prohibit   the  introduction  of 
slaves  from  any  State  not  a  member  of,  or  Territory  not   bclou^inf  to 
this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  rorj^n* shall  not  be  suspended, 
unless  when  in  cases  of  rebellion ,  or  invasion  the  public  safety  may 
require  it. 

.4.  No  bill  of  attainder,  ex ^'^of^t  facto  law,  or  law  denying  or  impair- 
ing the  right' of  property  in  negro  slaves,  shall  be  passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  iinless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State," 
excjjpt  by  a  vote  of  two-thirds  of  both  Houses. 

7.  No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  ofte  Slate  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  Treasury,  but  in*  consequence- 
of  appropriations  made  by  law;  and  a  regular  statement  and  account  of . 
receipts  and  expenditures  of  all  public  money  shall  .be  published   from 
time  to  time.  ^ 

9.  Congress  shell  appropriate" no  money  from  the  Treasury  except  br 
a  vote  of  two-thirds  of  both  Houses,  taken  by  yeas  and  miys,  unless  it 

■  be  asked  and  estimated,  for  by  some  one  of  the  heads  of  department, 
and  submitted  to  Congress  by  the  President;  or  for  the  purpose  of  pav- 
ing its  own  expenses  and  contingencies;  or  for  the  payment  of  claims- 
against  the  Confederate  States,  the  justice  of  which  shall  feave  been 
judicially  declared  by  a  tribunal  for  the  irnc^tigation  of  claims  against 
the  Goverument,  which  it  is  hereby  made  the  duty  of  Congress  to  es- 
tablish. 

10.  All  bills  appropriating  money  shall  specify,  in   federal  currehcy, 


838  PERMANENT  CONSTITUTION. 

the  exact  amount  of  each  appropriation,  and  the  purposes  for  which  it 
*  is  made  ;  and  Congress  shall'grant  no  extra  compensation   to  any  pub- 
lic contractor,  officer,  agent,  or  servant,  after  such  contract  shall  haye 
been  made  or  such  service  rendered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Confederate  States; 
•and  no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  enioluraeibt, 
office  or  title,  of  any  kind  whatever,  from  any  king,  prince,  or  foreign 
State. 

12.  Congress  shall  make  no  law  respecting  an  establishment  of  re- 
ligion, or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom 
of  speech,  or  of  the  press ;  or  the  right   of  the   people   peaceably   to 

•    assemble  and  petition  the  Government  for  a  redress  of  grievances.      ^ 

13.  A  well  regulated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  ia- 
fringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered,  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated;  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affiraiation,  and  particularly  describiog  the  place  to 
be  searched  and  the  persons  or  things  to  be  seized.  , 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
famous crime,  unless  on  a  presentment  or  ini^ctnient  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service,  in  tiuie  of  war  or  public  danger  ;  nor  shall  any 
person  be  subject,  foi'  the  same  offence,  to  be  twice  put  in  jeopardy  of 
life  or  limb;  nor  be  compelled,  in  any  criminal  ci\se,  to  be  a  witness 
against  himself;  nor  be  deprived  of  life,  liberty  or  property,  witiiout 
due  process  of  law;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation. 

17.  In-  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  aud  public  trial,  by  an  impariial  jury  of  Ihe  State  and  District 
wherein  the  crime  shall  have  been  coiiimitted,  whicli  District  shall  have 

.  been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the"  accusation ;  to  be  confronted  with  the  witnesses 
ao-ainst  him;  to  have  compulsory  process  for  obtaining, witnesses.in- his 
favor;  and  to  have  the  assistance  of  counsel  for  his  defence. 


PERMANENT  CONSTITUTION.  '839 

18.  In  suits  at  coinuion  law,  where  tlie  value  in  controVersy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved; 
and  no  fact  so  tried  by  a  jury  shall  be  otherwise  reexaujined  in  any 
court  of  the  Confederacy  than  according  to  the  rules  of  tbte  comiuoa 
law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
.    nor  cruel  and  lunisual  punishments  inflicted. 

20.  Every 'law  or  lesulution  havinc;  the  fcyce  of  law,  shall  relate  to 
but  one  subject,  and  that  shall  he  expressed  in  the  title. 

SECTION'  X. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confederation; 
grant  letters  of  nvar(|ue  and  reprisal;  ci)in  money;  make  Anything  but 
gold  and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any  bill  of  at- 
tainder, or  ex  pod  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts*; or  grant  any  title  of  no"bility.  , 

2.  No  State  shall,  without  the  consent  of  the  Congress",  lay  any 
imposts  or  duties  en  imports  or  exports,  except  what  may  be^bsolutely 
necessary  for  executing  its  inspection  laws;  and, the  net  produce  of  all 
duties  and  imposts,  laid  by  any  S,tate  on  imports  or  exports,  shall  be  for 
the  use  of  the  Treasury  of  the  Confederate  States;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  Congyess. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  on 
tonnage,  except  on  sea-going  vessls,  for  the  iniprovement  of  its  rivers 
and  harbors  navigated  by  the  said  vessels ;  but  such  duties  shall  not 
conflict  with  any  treaties  of  the  Confederate  States  with  foieigu 
nations;  and  any  surplus  revenue,  thus  derived,  ehall,  after  making 
such  improvement,  be  paid  into  the  common  treasury;  nor  shall  any 
State  keep  troops  or  ships-of-war  in  .  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay.  But  when  any  riv.er  divides  or  flows  through 
two  or  myn;  States,  they  may  enter  into  compacts  with  each  other  to 
improve  the  navigation  thereof. 

ARTICLE  11, 

6ECTI0^'    1. 

1.  The  executive  power  shall  be  vested'  in  a  President  of  the  Con- 
federate States  of  America.     He  and   the  Vic6  President  shall   hold 


840  PERMANENT  CONSTITUTION.  . 

their  office?  for  the  term  of  sis  years  ;  biit  the  President  shall  not  be 
recligible.  The  President  and  Vice  President  shall  be  elected  as 
follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  Legislature  thereof 
may  direct,  a  number  of  electors  equal  to  the  whole  number  of  Senators 
and  Representatives  fo  which  the  State  u)ay  be  entitled  in  the  Con- 
gress; but  no  Senator  or  Representative,  or  person  hQlding  an  office  of 
trust  or  jft-ofit  under  the^  Confederate  States,  shall  be  appointed  an 
elector. 

3.  The  electors  shall  meet  in  their  respective  States  and  vote  by  bal- 
lot for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not 
bean  inhabitant  of  the  same  State  with  themselves;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice  President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for>as  President,  and  of  all  persons  voted  for 
as  Vice  President,  and  of  the  number  of  votes  for  each,  which  list 
they  shall  sign  and  certify,  and  transmit,  sealed,  to  the  scat  of  the 
Governmcct  of  the  Confederate  States,  directed  to  the  President  of  the 
Senate.  The  President  of -the  Senate  shall,  in  the  presence  ^f  the 
Senate  and  House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted  ;  the  person  having  the  greatest  number  of 
votes  for  President  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed;  and  if  no  such  person  have 
tjuch  majority,  then,  from  the  persons  having  the  highest  numbers,  not 
exceeding  three,  on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choso  immediately,  by  ballot,  the  President. 
IJut  iii  choosing  the  President,  the  votes  shall  be  taken  by  States,  the 
representation  from  each  State  having  one  vote;  a  quorum  for  this  pur- 
pose shall  consist  of  a  member  or  members'  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary  to  .a  choice. 
And -if  the  House  of  Representatives  shall  not  choose  a. President, 
■whenever  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  Vice  President  s^l  act  as 
President,  as  in  case  of  the  death,  or  other  constitutional  disability 
of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as  Vice  Presi- 
dent shtiU  be  the  Vice  President,  if  such  number  be  a  majority  of  the 
■whole  number  of  electors  appointed;  and,  if  no  person  have  a  majority, 
then,  from  the  two  highest  numbere  on  the  list,  the  Senate  shall  choose 
the  Vice  President;  a  quorum  for  the   purpose  shall  consist  of  two- 


PERMxVNEjp:  G.OXSTITUTIOJ^.  .  ,841 

thirds  of  the  whble  number  of  Senators,  and  a  majority  of  tj^e   whole 
n.umber  shall  be  necessary  to  a  choice. 

5  But'no  person  constitutionally  ineligible  to»the  oflSce  of  t*resident 
shall  be  eligible  to  that  of  Vice'  President  of  the  Confederate  States.^ 

6.  The  Congress  may  determine  the  tioie  of  choosing  the  dcctoj^, 
and  the  day  ou  which  they  shall  give  their  votes;  which  day  shall  be 
the  same  throughout  the'Cgnfederate  States.  « 

7.  No  person,  except  a  natural  born  citizen  of  tlKe  Confederate  Stajtek 
or  a  citizen  thereof,  at  the  time  of  the  adoption  of  this  Constitutioh.  oi 
a  citizen  thereof  born  in  the  United  States  prior  to  the  20tli  of  Decem- 
ber, 18G0,  shall  be  eligible  to  tlie  office  of 'President;  neither  shall  any 
person  be  eligible  to  thjit  office  who  shall  not  have  attained  the  age, of 
thirty-five  years,  and  bedu  fourteen  years  a  resident  within  the  limits 
of  the  Confederate  States  as  they  may  exist  at  the  .time  of  Inflection. 

8.  In  case  of  the  removal  of  the  President  from  office,  oM  of  his 
death,  resignation,  or  iuabilit}^  to  discharge  the  powers  and  dmties  of 
the  said  office,  the  same  shall  devolve  on  the  .Vice  President;  and  the 
Congress  may,  by  law,  provideA^}^he  case  of  removal,  death,  resigna- 
tion, or  inability  both- of  the  £|fesideut  and  Vice  President,  declaring 
what  officer  shall  theft  act  as  President,  and  such  officer  shall  act  ac- 
cordingly until  the  disability  be  removed,  or  a  President  shall  bo 
elected.  • 

9.  The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected  ;  and  he  shall  not  re- 
ceive within  that  period  any  otlier  cmolumeit  from  the  Confederate 
States,  or  of  any  of  them. 

10.  Before  he  enters  on  the  <xecution  of  his  office,  he  shall  take  the. 
following  oath  or  aihrination  : 

"  1  do  solemnly  swear  (or  affirm)  that  I  wid  faithftflly  execute  the 
.office  of  Presidcut  qf  the  Confederate  States,  and  will,  to  the  best  of 
my  ability,  preserve,  protect  and  defend  the  Constitution  thercuf." 

SECTION    II.    ,  • 

1.  The  President  shall  be  Commander-in-Chief  of  the  army  and  navy 
of  the  Confederate  States,  and  of  the  militia  of  the  several  States, 
when  called  into  the  actual  service  of  the  Confederate  States;,  he  may 
rec[uirc  the  opinion,  in  writing,  of  the  principal  officer  in  .each  of  the 
Executive  Departments,  and  upon  any  subject  relating  to  the  dutiea|(|f 
their  respective  offices;  and  he  *shall  l»ye  power  to  grant  reprieves! 
lOli  ' 


I 


842  •  PERMANENT  CONSTITUTION". 

• 
pardons  for  offences  against  the  Confederate.  States,  except  in  cases  of 
impeachment.  ► 

'.  2.  He  shall  have  pbwer,  by  and  with  the  advice  and  consfent  of  the 
Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present 
concur*;  and  he  shall  nominate,  and  bj  and  with  the  advice  and  con- 
^gent  of  the  Senat^,  shall- appoint  ambiissadors,  other  public  ministers 
and  consuls,  Judgpes  of  the  Supreme  Court,  and  all  other  officers x)f  the 
Coofeucrate  States,  Svhose  appointments  are  not  .herein  otherwise  pro- 
vided for,  and  which  shall  be  established  by  law;  but  the  Congress 
may,  by  law,  vest  the  appointment  of  such  inferior  officers  as  they 
think  pjoper,  in  the  President  alone,  I  in  the  courts  of  law,  or  in  the 
heads  of  Departments.  ■         ,      •     * 

3.  Tbo  principal  officer  .in  each  of  tile  Executive  Departments,  and 
all  pcrMDs  connecfted  with  the  diplomatic  service,  may  be  removed 
from  odice  at  the  pleasure  of  the  President.  All  other  civil  officers 
of  the- Executive.  Department  may  be  removed  at  any  time  by  the 
President,  'or  other  ^ppointing  ppwer,  when  their  services  are  un- ' 
necessary,  or  for  dishonesty,  incaphoky,  inefficiency,  misconduct,  or 
neglect  of  duty ;  and  when  so  romovedjjl  the  removal  shall  be  reported 
to  the  Senate,  together  with  the  reasonS  therefor.' 

4.  The  President  shall  have  power  to  till  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  grautjng  commissions 
which  shall  expire  at  the  'end  of  their  next'sossion ;  but  nb  person  re- 
jected by  the  Senate  shalP  be  re-appOinted  to  the  same  office  during 
their  ensuing  recess.         |  \ 

'        SECTION   III. 

1.  The  President  shalll  from  time  to'  time,  give  to  the  Congress  in- 
formation of  the  State  of  the  Confederacy,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  and  expedient; 
he  may,*  on  extraordinary  occasions,  convene  both  Houses,  or  either  of 
them;  and  in  case  of  disagreement  between  tlvcm,  witlu  respect  to  the" 
time  of  adjournment,  he  wiay  adjourn  them  to  such  a  time  as  he  shall 
think  proper;  he  shall  recejve  ambassadors  and  otlicr  public  ministers; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall  com- 
iniesion  all  the  officers  of  the  Confederate  States. 

-       SECTION    IV. 

1*  The  President,  Vice 'President,  and  all  civil  officers  of  the  Con- 

»erate  States,  shall  be  reinoved  from  office  on  impeachment  for,  and 
Iviction  of,  treason,  bribery' Or  other  high  crimes  and  misdemeanors. 


PERMANEN:^  COx\STITUTI0N.  843 

ARTICLE    III.  '    ' 

SEClpiON  I. 

1.  The  judicial  power  of  the  Confederate   States  shall  be  vested  in 


oue  Supreme  Court,  aud  in  such  Inferior  Courts  as  the  Congress  may 
from  time  to  time  ordain  nud  ostabli.ih.  The  Judj^es,  both  of  th  " 
Supreme  and '  Inferior  Courts,  shall  Lid  their  offices  durin-  <r(i^! 
behavior,  .and  shall,  at  stated  times,  rective  for  their  services  a  compen- 
sation, which  shall  not  b^  dirainislicd  dtiring  their  continuance  in  office. 


'41 


SECTIOl 


1-  The  judicial  power  shall  exteS  to  all  eases  .arising  mider  thiaf 
Constitution,  the  laws  gf  the  Coufedorttc  States,  and  treaties  made  or  ' 
which  sliall  bo  made  under  their  authority;  to  all  cases  offectinc.  am. 
bassadors,  other  public  ministers  and  consuls;  to  all  cases  of  adn^iralty 
and  maritime  jurisdiction;  to  controversies  to  which  the  Confederate 
States  ?hall  be  a  party;  to  controvtfrsies  between  two  or  morg  States; 
between  a  State  and  citizens  of  another  State  where  the  State  is  plain- 
tiff;  between  citizens  claiming  lancfe  under  grants  of  .different  States 
and  between  a  State  or  the  citizen^hereof,  and  foreign  Statei^,  citizens     ' 
or  subjects;  but  no  State  shall  be  4ed  by  a  citizen  or  subjc<^t  of  any 
foreign  State.  ♦.  ■  "^ 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
^consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
'Court  shall  have  original  jurisdiction.  In  all  the  other  ca^s  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdi<j|bn,  both 
as  to  law  and  fact,  with  such  exceptions,  and  under  such  rMiktions 
as  the  Congress  shall  make.  ■  ^r  > 


3.  The  trial  of  all  crinies,  excfl^t  in  cases  of  impeachment;<"8hall   be 
by  jury,  and.such  trial  shall  be  held  in  the  State  where  the  saijl  crimes 


shall    have   been    Committed;  but  when    not   Committed  within    any 

ill  be  at  such  place  or  places  aa  the  Conoroia  n,., 
Taw  have  directed. 


~. —    ,„.,™.v>-v..,,   „„u    «iii;u    uui,    uummutea  within    any 
Statet,  the  trial  shall  be  at  such  place  or  places  aa  the  Congrefs  may  by 


SECTION    III. 

1.  Treason  against  the  Confederate  States  shall  consist  only  in  levy, 
iiig  war  against  them,  or  in  adhering  to  their  enemies,  givinMthem  aid 
aud  comfort.  No  person  shall  be  convicted  of  treason  uAs  on  the 
testimony  of  two  witousscs  to  the  same  overt  act,  or  on  cession  ir, 
open  Court. 

2.  The  CoD-iciis  shall  have  power  to  declare  the  puuishment  of  trca- 


S 


) 


844  PERMANENT  C(5!lS'STITUTI0N 


i 


son,  but  no 'attainder  of  treason  fliall  work  corruption  of  blood,  or  for- 
feiture, except  during  the  life  of  the  person  attainted. 


* 


ARTICLE  lY 


SECTION   I. 


-1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 

Acts,  records  and  judicial  proceedin<rs  of  every  other  State;  and  the 

.  Congress  may,  by  general  laws,  prescribe  the  manner  in  which  such 

tActs,  records  and  proceedings  sjiill  be  proved,  and  the  effect  thereof. 

smTiON  II. 

1.  The  citizens  of  each  State  shall  be  Entitled  to  all  the  privileges 
and  immunities  of  citizens  in  tho  several  States,  and  ^hall  have  the 
^ight  of  transit  and  sojourn  in  any  State  of  this  Coufederaoy,  with 
their  slaves  and  other  property;  und  the  right  of  property  in  said 
slaves  shall  not  be  thereby  impairel. 

2.  A  person  charged  in  any  S^te  with  treason,  felony,  or  other 
<;rime  against  the  laws  of  such  State,  who  shall  flee  from  justice,  and 

•  be  found  in  another  State,  shall,  ofi*  demand  of  the  Executive  author- 
ity of  the  State  from  which  he  flecl,  be  delivered- up,  to  be  removed  to 
the  State  liaving  jurisdiction  of  the  crime. 

3.  No  slave,  or  other  person  held  to  service  or  labor  in  any  State  X> 


ate  x>T 
ing  or 


TerritorjjjOf  the  Confederate  States,  under  the  laws  thereof,  escap 
lawfullyibrried  into  another,  shall,  in  consequence  of  any  law  oi'  regu- 
lation t^liOTein,  be  discharged  from  such  service  or  labor;  but  shall  be 
deliverMup  on  claim  of  the  party  to  whom  such  slave  belongs,  or  to 


whom  e^h  service  or  labor  may  be  dyie. 

,  '  •       .  ^  SECTION  HI. 

1.  Other  States  may  be  admitted  into  this  Confederacy  by  a  vote  of 
two-thirds  of  the  whole  House  of  Representatives,  and  two-thirds  of 
the  Senate,  the  Seftate  ;*'0ting  by  States;  but  no  ncj^  State  shall  b^ 
formed  or  erected  within  the  jurisdiction  Cf  any  other  State;  nor  any 
State  be  fornicd  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  wkhout  the  consent  of  the  Legislatures  of  the  States  concerned, 
as  well  aBjof  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  concerning  the  property  of  the  Confederate 
States,  iacluding  the  lands  thereof.  . 


PERMANENT  CONSTITUTION.  845 

8  The  Confederate  States  may  acquire  new  territoij;  and  Con-ress 
^  Bhall  have  power  to  legislate  and  frovide  governments  for  the  inhabi- 
tants of  all  territory  belongino:  to  the  Confederate  States,  lyin-  with- 
out the  limits  of  the  several  States;  and  may  permit  them,  Tt  sueh 
times  and  in  sueh  manner  as  it  may  by  law  provide,  to  form*  States  to 
be  admitted  into  the  Confederacy.  In  all  such  territory,  the  in.stiiu- 
tion  of  negro  slavery,  as  it  now  exists  in  thp  Confederate  States,  shall 
be  recognized  and  protected  by  CongPess,  and  by  the  territorial  Gov- 
ernment ;  and  the  inhabitants  of  the  several  Confederate  States  and 
Terntones  shall  have  the  right  to  t,ke  to  sueh  territory  anyslaves 
lawfully  held  by  them  in  any  of  the  States  or  Territories  of  the  Con. 
federate  States. ' 

.    ^    4.  The  Corffederate  States  shall  guarantee  to  every  State  that  now 

IS,  or  hereafter  may  become,  a  member  of  this  Confederacy,  a  republi- 

.can  form  ot  government,  and  shall  protect  each  of  them  a<rainst  inva- 

.  sion   and   on  application  of  the  Legislature  (or  of  .the  Executive,  when 

the  Legislature  is  not  in  session),  against  domestic  violence. 

ARTICLE  V. 

1.  Upon  the  demand  of  any  three  States,  legally  assembled  in  their 
several   Conventions,   the-  Congress  shall  summon  a  Convention  of  all 
the  btates,  to  take  into  consideration  such  amendments  to  the  Consti 
iut.on  as  the  said  States  shall  concur  in   suggesting  at  the  time  when 
the  said  demand  is  made;  and  should  any  of  the  proposed  amend- 
ments to  the  Constitution  he  agreed  on  by  the  said  Convention-votin<. 
by  States-and  the  same  be  ratified  by  tJie  Legislatures  of  two-thirds 
ot  the  several  States,  or  by  Conventions  in  two-thirds  thereof-as  on^ 
or  the  other  lilode  of  ratification  may  be  proposed  by  the  general  Con-' 
Tcntion-thoy  shall  thenceforward  form  a  part  of  this  Constitution 
Jiut  no  State  shall,  without  its  consent,  be  deprived  of  its  ermal  ret.re 
seutation  in  the  Senate, 

ARTICLE  VL  • 

1.  The  Government  established  by'this  Constitution  is  the  successor 
of  the  1  rovisional  Government  of  the  Confederate  States  of  America 
and  al  the  laws  passed  by  the  latter  shall  (?gntinue  in  force  until  the 
same  shall  be  repealed  or  modified  ;  and  all  the  officers  appointed  bv 
the  same  shall  remain  in  office  until  thoir  successors  arc  appointed  and 
(lualified,  or  the  offices  aboli.shcd. 


846  PERMANENT  CONSTITUTION. 

2.  All  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution  shall  Bfe  as  valid  against  the  Confederate 
States  under  this  Constitution  as  under  the  Proviisional  Government.. 

3.  This  .Constitution,  and  the  laws  of  •  the  Confederate  States,  made 
in  pursuance  thereof,  and  all  treaties  made,  or  which  sliall  be  made, 
under  the  authority  of  the  Confederate  States,  shall  be  the  supreme 
law  of  the  land;  and  the  Judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

4.  The  Senators  and  Representatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive  and  ju- 
dicial officers,  both  of  the  Confederate  States  and  of  tfte  .several  States, 
shall  be  bound  by  oath  or  affirmation,  to  support  this  Constitution  ;  but 
no  religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or 
publii-  trust  under  the  Confederate  States. 

5.  The  enumeratiQn  iu  the  Constitution  of  .certain  rights  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people  of  the 
several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  .the  States, 

'  respectively,  or  to  the  people  thereof. 

ARTICLE  VII. 

1.  The  ratification  of  the  Conventions  of  .five  States  shall  be  sufficient 
for  the  establishment  of  this  Coustitutien  belwceu  the  Sdatcs  so  ratify- 
ing the  same. 

2.  When  five  States  shall  have  ratified'this  Constitution,  in  the  mau- 
.ner  above  specified,  the  Congress,  under  the  Provisional  Constitution, 

shall  prescribe  the  time  for  holding  the  election  of  president  and  Vice 
President;  and  for  tlie  meeting  of  the  Electoral  College;  atid  for 
counting  the  votes,  and  inaugurating  the  President*  Thq^-  shall  also 
pre.->cribe  the  time  for  holding  the  first  election  of  Members  of  Cou- 
•  gross  under  the  Constitution,  and  at  the  time  for  assembling  the  same. 
Until  the  assembling  of  such  Congress,  the  Congress  under  the  Pro- 
visronal  Constitution  shall  coQtinue  to  exercise  the  legislative  powers 
granted  them — not  extending  beyond  the  time  limited  by  the  Constitu- 
tion of  the  Provisional  Government. 


*ti^ 


ALPHABETICAL   LIST 


OF  THE 


MEMBERS    OF    THE   CONTENTION, 

WITH  THIir.  POST  OFFICES  AM  ELECTION  DISTRICTS. 


NAME,  DISTRICT.  POST  OFFICE. 

D.  F.  JAMISON,  7V«s'<....Barnwcll , Midway. 

-  *Adams,  James  11 Riililand Gadsdeu. 

Allison,  R.  T York. ..?....'. Meck's  Hill. 

•^^■pji'LEBY,    D.  G /...St. George's,  Dorchester Branchville. 

Atkinson,  S.  T "Winyaw f..' Geofirctown, 

■fAYER,  L.   2>I V Baruwell Buford's  Bridge. 

Barnwell,  11.  W St.   Helena Beaufort. 

Barron,  A.  I '..York Yorkville. 

Bauton,  D.  R.. Orunge Branchville. 

Beaty,  T.  W. ...'.: Dorry A Couwayboro'. 

Bellingkr.  E.  si.  r St.  Bartholomew's WaUerboro'. 

Beihea,  a.  W Marion Reody  Creek. 

BoBO,  S Spartanburg Spartanburg  C.  H. 

Bonneau,  p.  V ...Cliri.^t  Church...' IladdreH's. 

Brabham,  J.  J Barnwell Buford'.'*  Brtdge. 

Brown,  A.  II St.  Andrew's Charle.ston. 

Brow^,  C.  r St.  James',  Gooso  Creek Charleston. 

*  Buchanan,  J Fail  field Winnsboro'. 

Burnet,*  A.  W  St.  Philip's  and  St.  Michael's.. .Charleston. 

Cain,  W * St.  John's,  Berkeley Black  Oak. 

Caldwell,  Joseph iScwbcrry... , Mount  Bethel, 

*  DeceaMd.  t  Retlgvd.  * 


y  -.  W^"^ 


W', 


848  LIST  OF  MEMBERS. 

*    NAME.  .  DISTRICT.  '  POST  OFFICE. 

Calhoun,  Jmin  A Abbeville.....' Abbeville  C.  H. 

Campbelit,  William  H... .Greenville Greenville  C.  H. 

Carlisle,  James  H Spartanburg ..Spartanburg  C  H. 

*Carn,  M.  E St.  Bartholomew's Walterboro'. 

Carroll,  J.  P Kdgcfield : Aiken. 

Caugiiman,  H.  I Lexington Lexington  C.   i\ 

Cautiien,  W.  C Lanca.ster .- Hanging  Hock. 

Charles,  E.  "W......... Darlington Darlington  C.  H. 

Chesnut,  James,  Jr Kershaw.. Camden. 

Gheves,  Langdon St.  Peter's Savannah,*  Ga. 

Clarke,  E.   M : St.  Andrew's Cha»lcston. 

♦Conner,  II.  W St.  Philip'sand  St.  Michael's. ..Charleston. 

Crawford,  11.  L Lancaster Lancaster  C.  H. 

Curtis,  William Spartanburg ^...Limestoue  .Springs. 

Darby,  A.  T St.  Matthew's •.. Fort  Motte. 

*Daroan,  J.  A.... Darlington Darlington  C  II. 

Davant,  R.  J St.  Luke's Gillisonville. 

Davis,  H.'CJ Fairfield llidgeway. 

DeSaussure,  W.  F Richland .'. Columbia. 

DeTreville,  R St.  Philip's  and  St.  Michaers...Charleston. 

DoziER,  A.  W.. Williamsburg Johnson vrlle. 

Duncan;  Perry  E Greenville Greenville  C  H. 

DUNKIN,  B.  F ..Winyaw Charleston. 

Dunovant,  a.  Q Chester Chcsterville. 

DuNOVANT,  R.  G.  M Edgefield..*.-. Edgefield  C.  H. 

V'  DuPre,  D St.  James',  Sautec.... .South  Saiitee  Ferry. 

Easley,  tV.  K ...f.Greenville Greenville  C.  IT. 

Ellis,  W.  J Horry Gonwayboro'. 

English,  T,  R Sumter Mayesvillc. 

Evans,  C.  D ....JMarion Marion  C.  11. 

Fair,  Simeon Newberry Newberry  C.  IT. 

Finley,  W.  p.. Barnwell Aiken. 

Flud,  Daniel' St.  George's,  Dorchester Sumnierville. 

Forster,   a,  M Winyaw Georgetown. 

Foster,  B.  B ...Spartanburg Glenn^  Springs. 

Frampton,  J.  E Prince  William's , Pocotaligo. 

-   Furman,  J.  C Greenville... , Greenville  C.  H. 

*  Daceased. 


LIST  OF  MEMBERS.  849 

NAME.  DISTRICT.    .  POST  OFFICE. 

♦Gadberry,  James  M Union Union  C.  II. 

Garlington,  H.  W Ilaurens .'..... Laurens  C.  H. 

Geiger,  J.  C Lexington Sandy  Rtin.* 

Gist,  William  H Union Union  C.  H. 

Glover,  T.  W Orange , Orangeburg. 

•     Goodwin,  E.   W Marlboro' Brightsville. 

GOURDIN,  R.  N St.  Philip's  and  St.  Michael's.. ^Charleston. 

GouRDiN,  T.  L St.  Stephen's Pineville 

-  Green,  H.  D Sumter Mechanicsville. 

Gregg,  Maxcy ^ Richland : Columbi.a. 

Gregg,  William Edgefield ■ Aiken. 

Grisham,  W.  S Pickens Walhalla. 

Hammond,  A.  J .'..Edgefield Hamburg. 

IIanckel,  T.  M .....St.  Philip's  and  St. 'Michaers...Charleston. 

IIaellee,  W.  W ....Marion Mars'  Bluff. 

Harrison,  James ..Greenville Cedar  Falls. 

Hayne,  I.  W St.  Philip^  and  St., Michael's... Charleston. 

Henderson,  E.  R St.  Bartholomew's ..Blue  House. 

-^Honour,  J.  H St.  Philip's  and  St.  Michael's. ..Charleston. 

HoPtiNS,  William Richland , Hopkins'  T.  O. 

Hunter,  William .Pickens Wolf  Creek. 

HuTSON,  W.  F .....Prince  William's Pocotaligo. 

In'glis,  John  A Chesterfield.....^. Cheraw. 

Ingram,  J.  J Clarendon Mannini;, 

Jackson,  S Chesterfield Mount  Crogan. 

Jefferies,  James Union t.Gowdeysville. 

•  Jenkins,  John St.  John's,  Colleton Edisto  Island. 

Jei^kins,  J.  E St.  Paul's Adams'  Run. 

Johnson,  W.  D Marlboro' - Bennett.«ville. 

Keitt,  L.  M Orange....' Orangeburg. 

Kershaw,  J.  B ,.. Kershaw .' .Camden, 

Kilgore,  B.  F ...Spartanburg , Laurensville. 

Kinard,  J.  P Newberry..... Newberry  C.  H. 

Kinsler,  J.  H llichlimd • Columbia. 

-^ANDRUM,  J.    G Spartanburg  Spartanburg  C.  H. 

Lawton,  B.  W Barnwell Allendale. 

Lewis,  A.  F Pickens. .^ Pendleton. 

107  • 


850  LIST  OF  MEMBERS. 

NAME.  »ISTRTOT.  POST   OFFICE. 

LooAN,   R.  C Williamsburjr Kingstree. 

*Lyles,  W.  S Fairfield Strother. 

McCrady,  Edward St.  Philip'sand  St  Michael's.... Charleston. 

McI VER,  Henry Chesterfield Chera w. 

McKee,  John.... Chester.... Chester  C.  II. 

McLeod,  a Marlboro'.., Bennettsville. 

f  Magrath,  A.  G St.  Philip's  and  St.  Michael's.. .Charleston. 

Manigault,  Gr St.  Philip's  and  St.  Michael's.. .Charleston. 

Manning,  John  L Clarendon Fulton. 

'  Mauldin,  B.  F Anderson Williamston. 

Maxwell,  John .....Pickens Pendleton. 

Mayes,  M.  P Sumter , Mayesville. 

Mazyck,  Alexander St.  .James',  Santee Charleston. 

*Means,  John  H Fairfield Bucklieaa. 

Memminger,  C.  G St.  Philip's  and  St.  Michael's.. .Charleston, 

Middleton,  John  Izard. ..All  Saints , .Georgetown. 

MiDDLETON,  W St.  Philip's  and  St.  Michael's. ..Charleston. 

Miles,  W.  P St.  Philip's  and  St.  Michael's.. .Charleston. 

Moore,  Thomas  W Chester Smith's  T.  0. 

Moorman,  Il.» Newberry •. Maybtnton. 

Noble,  Edward Abbeville ...Abbeville  C  H. 

Nowell,  .J.  L St.  'Thomas'  and  St.  Dennis'. ...Charleston. 

O'Hear,  J^  S St.  Thomas'  and  St.  Dennis'. ...Charleston. 

Orr,  .Tames  L .....Anderson Anderson  C.  H. 

Palmer,  J.  S ...St.  Stephen's Echaw. 

Parker,  F.  S? Winyaw Georgetown. 

Perrin,  Thomas  C Abbeville Abbeville  C.  11. 

Pope,  J.  D '. St.  Helena Beaufort. 

Porcher,  F.  J .-St   Philip's  and~St.  Michael'.s... Charleston. 

Pressley,  J.  G....' Williamsburg.. '....Kingstree. 

Quattlebaum,  Paul Lexington Lightwoud  Creek.* 

Hainey,  Samuel .....York : Guthriesville. 

Heed,  J.  P Ajidcrson Anderson  C.  H. 

PtHETT,  K.  B St.  Philip*s  and  St.  Michael's. ..Charleston. 

Rhodes,  George St.  Peter's Lawtonville. 

Richardson,  F.  D St.  Philip'sand  St.  Michael's.. .Charleston. 

Richardson,  J.  P .Clarendon Fulton. 

•Decwised.  'fileslgned. 


LIST  OF  MEMBERS.  851 

NAME.  nSTRICT.  POST  OFFICE. 

\/jRoBiNSON,  D.  P Lancaster Craigville. 

EowELL,  W.  B Marion Marion  C.  H. 

BuTLEDGE,  B.  II St.  Philip  s  and  St.  Michael's.. .Cliarleston. 

,  Scott,  E.  B St.  Paul's '. Sumraervillc. 

Seabrook,  E.  M.....; St.  Luke's Bluffton. 

Seabrook,  G.  W.,  Sr St.  John's,  Colleton Charleston. 

Sessions,  B.  E .AH Saints Conwayboro'. 

SniNGr>ER,  J.  M St.  James',  Goose  Creek Holly  Hill. 

Shingler,  W.  P Christ  Church Charleston. 

Simons,  T.  Y.,  Jr '....St.  Philip's  and  St.  Michael's. .Charleston. 

Simpson,  R.  F Anderson Pendk-ton. 

Sims  J.  S '. Union Pacolet  Mills. 

Smith,.  J.  J.  P St.  Philip's  and  St.  Michael's... Charleston. 

Smyly,  J.  C Edgefield Lott's. 

Snowden,  p.  G St.  John's,  Berkeley Black  Oak. 

Spain,  A.   C Suuiter.... Sumter  C  II. 

Spratt,  L.  W ..St.  Philip's  and  St.  Michael's.. .Charleston. 

Springs,  A.  B York,,! Fort  Mill. 

Stokes,  P St.  Bartholomew's Branch ville. 

Thompson,  Roberta Pickens Pickens  C.  II. 

Thomson,  Thomas Abbeville ..Abbeville  C.  H.^ 

Timmons,  J.  M Darlington Timmonsville. 

"Tompkins,  James Edgefield Park's  Store. 

Townsend,  John St.  Philip's  and  St.  Michael'srEdisto  Island 

Wagner,  T.  D...' St.  Philip's  and  St,  Michael's. ..Charleston. 

*^AVannamaker,  John  J. ...St.  Matthew's St.  Matthew's. 

Wardlaw,  D.  L. Abbeville Abbeville  C  H. 

*Wardlaw,  F.  H Edgefield Edgefield  C.  H. 

*Watts,  W.   t) Laurens Laurens  C.  11. 

Whitner,  J.  N. Anderson Anderson  C.  H. 

,  "NViER,  Thomas,  Sr Laurens Clinton. 

Williams,  J.  1) ' Laurens Spring  Grove. 

Wilson,  I.  I). Darlington Society  Hill. 

Wilson,  J.  II Abbeville Abbeville  C  U. 

Wilson,  W.  B York Yorkville. 

fWiTHERS,  T.  J..... ..Kershaw Camden. 

,  Woods,  Richard ». Chester..* , Carmel  Hill. 


• 


852  LIST  OF  iM EMBERS. 

NAMES.  DISTRICT.  POST   OFFICE. 

YoUNQ,  Henuy  C Laurens Laurens  C.  H. 

B.  F.  Artuur,    Clerk Union Union  C.  H. 


James  Conner St.  Philip's  and  St.  Michael's.. .Charleston. 

Elected  in  the  place  of  II.  W.  Coxneii,  deceased. 

TuoMAS  iJMiTn Darlington Society  Hill. 

Elected  in  the  pluce  of  J.  A.  Daboa.v,  decttased. 

JouN  S.  Preston Richland Columbia. 

Elected  in  the  place  of  Jas.  H.  Adams,  deceased. 

George  Boswill Edgefield Ivj  Island.  - 

Elected  in  the  place  of  F.  H.  Warslaw,  deceased. 

C.  P.  SuLLtVAN Laurens ..'. Laurens  G.  H. 

Elected  in  the  place  of  W.  D.  Watts,  deceased. 

Reuben  Stephens •  t.  Bartholomew's Buckhead  Causey. 

,  Elected  in  the  place  of  M.  £.  C.vrx,  deceased. 

W.  R.  Taylor Kershaw Camden.* 

Elected  in  the  place  of  T.  3.  AVitoebs,  resigned. 

■\7.  J.  AlstO-V T Fairfield Alstoq, 

Elected  in  the  place  of  W.  S.  Ltles,  deceased. 

W.  R.  Robertson Fairfield Winnsboro'. 

Elected  in  the  place  of  John  Buchanan,  deceased 

John  Phillips St.  Philip's  and  St.  Michaers...Charleston. 

Elected  iu  the  place  of  A.  Q.  Maorsatu,  resigned. 


INDEX. 


•  A. 

Adams,  James  H  ,  elected  Commissioner  to  Washington 59 

resolutions  on  death  of. 309 

Address  to  People  of  Slaveholdiug  States 21,  51,  74,  75,  82,  88, 

156,  .4  G7 

Adjutant  and  Inspector  General,  report  of 560 

Admiralty  and  Maritime  jurisdiction,  Ordioartcc  in  relation  to 74 

(See  Ordinance  coucerniug  Judicial  Powers.) 

Airaar,  Thomas,  account  of 157,  503 

Alabama,  Commissioner  from  (see  Joha  A.  Elmore). 

Aliens,  resolution  making  liable  to  military  duty 315,  330 

Applicants  for  office,  resolution  requesting  Governor  and 

Council  to  furnish  names  of. , 408,  414,  452 

Arms,  resolutions  for  collection  of. 315,  316,  340 

transfer  of  tp  Confederate  States .'....242,  266,  537 

Arthur,  13.  F.,  appointed  Cl^k  of  Convention 11 

Assistaht  Clerk,  resolution  for  appointment  of. 23 

Attorney  General  authorized  to  engross  Ordinance  of  Secession 45 

report  of 48 

B. 

Bachman,  Rev.  Dr.,  prayer  at  signing  Ordinance  of  Secession 48 

Baptist  Congregation  of  Columbia,  thanks  of  Convention  returned  to. ..14 

Barnwell,  J.  L.,  account  of 178,  252,  549 

Barnwell,  R.  W.,  elected  Cotnmissioncr  to  Washington 56 

Baruc,  J}.  S.,  paid  for  engrossing  Constitution 279 

Beaty,  Thomas  W.,  comuiuni cation  from ,324 


# 

854  INDEX. 

Beauregard,  Gen.  G.  T-,  communications  froui 199,  294 

invited  to  •seat  on  floor  of  Convention 206 

Bonham,  M.  L.,  elected  Commist-ioner  to  ^Mississippi lo3 

excused  from  serving 154 

Brady,  P.,  account  of 178,  252,  54* 

Brady,  S.,  account  of '284,  2S8 

Buchanan,  John,  resolutions  on  death  of 403 

Burke,  A.  J.,  account  ^ ...150,  171,  504 

Burt,  Armiiftead,  elected  Commissioner  to  Mississippi T.loS 

invited  to  seat  on  floor  of  Conveutiou 177 

communication  from 18G 


c. 

Cabinet,  resolution  for  appointment  oT 109 

Calhoun,  A.  P.,  elected  Commissioner  to  Alabama 153 

invited  to  seat  on  floor  of  Convention '. 177 

communication  from 233 

Cam,  M.  E  ,  communication  from '. 312 

resolutions  on  death  of. 409 

Carolina  Art  Association,  invitation  to  visit 225 

Charleston,  resolution  for  closnus;  places  of  business  in 316 

removal  of  non-combatants  from. ...370,  383,  386,  388,  580 

Charleston  Club,  hospitalities  of,  tendered  to  Convention 200 

Charleston  Delegation,  to  procure  buildiup;  for  meeting 10,  21 

accounts  contracted  by 123,  15-7 

ty>  take  charge  of  certain  articles 171 

Chesuut,  James,  Jr.,  elected  member  of  PJ^ecutive  Council 376 

oath  of  office  administered  to 383 

Citizens  of  South  Carolina,  certain  persons  declared... 91 

of  United  States,  resolution  authorizing  to  dis- 
pose of  pVoperty 161 

Cobb,  Hon.  Howell,  invited  to  seat  on  floor  of  Convention 10 

Collector  of  Charleston,  communication  from 120 

Collectors,  authorized  to  receive  payment  of  duties   in 

bills  of  Banks  of  this  State 121,  122,  387 

Commissioners  to  Sluvcliuldiug  States,  resolutions  for. ..31,  93,  127,  482 

election  of 150,  153,  154,  156,  157,  158 

commissions  to  be  issued  to.^.. ^....151 

President  i6  appoint,  certain 158,  162 


•  INDEX.  S55 

Commissioners  to  WashiogtolJ,  resolutions  providing  for 32,  53 

eleotidn  of. 5''^>  ^6,  50 

authorized  to  appoint  a  Secretary 02 

to  receive  per  dieai  and  mileage 63 

commissions  for J *■ "3 

despatches  from 115,122,134,137,162^ 

report  of ...:., l'-" 

resolutions  concerning ^ i73 

requested  to  prepare  statement 177 

correspondence  between  I'resident  of  U.  S.  and 484 

Commissions  for  removal  of  negroes,  &c 340,  348,  355,  303,  394 

reports  of 414,  US,  425,  429,  451,  743 

Committees,  Delegates  added  to 74,  214,  320,  340,  355,  414,  450 

COMMITTEES,  SPECIAL. 

« 

To  conduct  the  President  elect  to  the  chair 9 

To  wait  on   Commissioners   from  Alabama^and  Mississippi 10 

To  wait  on   Hon.  Howell   Cobb!..'. 1" 

To  procure  a  ilace   of  meeting   in    Charleston I" 

To  prepare  an  address  to  the  people  of  the  Southern  States 21 

To  procuv-e  another  Hall  fdV  the  ftceting  of  the   Convention... 2 1 

r\         ■   .•                              '  '^'^     2Q 

On  printing — '^  '•^ 

On  the  property  of  the  U.  S.  in  South  Carolina 22 

To  draft  au  Ordinance  of  Secession ^ 23 

To  make  arrangements  for  convenient  access  to  the  Hall 28 

To  wait  on  the  Governor  to  ascertain  if  he  had  any  com- 
munication to  make  in  Secret  Session 53.  54 

To  in«fuire  how  much  of  tlie  legislation  of  Congress  would 

be  abrogated  by  the  secession  of  the  State .61 

To  wa'it  on  the   Governor,  and  jnvite   him   to  attend   the 

Secret  Sessions '• ^ 

To  transmit  a  communication  to  the  Governor lOo 

To  call  the  Convention  together  in  a  certain  con- 
tingency......  168,  287,  380 

To  prepare  designs  for  an  ensign  for,the  State 158 

To  report  measures  necessary   for  protection   of  parties  to 

cases  in  Court -'""^ 

To  visit  the  Governor  and  Commander  of  the  Forces,  and 

invite  them  to  make  any  communication..... 292 


856  INDEX. 

C0M3IITTEES,  SPECIAL.  ■• 

To  report  a  scheme  of  action  in  relation  to  slaves  in  pos- 

pession  of  the  eneoDy  (Com.  No.  1) 306,  313 

To  report  upon  the  action  of  the  State  in  reference  to  un- 
tenable territory  (Com.  No.  2) 306,  313 

To  report  a  plan  by  which  the  State  can  aid  the  Confederate 

authorities  in  expelling  invaders  (Com.  No.  3). ...307,  313 

To  report  a  plan  for  building  or  procuring  war  vessels 

(Com.  No.  4) .....'....30?,  314 

To  report  a  plan  for  strengthening  the  Executive  Deport- 
ment (Com.  No.  5) : o07,  314 

To  wait  on  memberg  elected  to  Executive,  Council 382 

To  inform  the  Governor  of  assembling  of  the  Convention..... '..402 

On  communication  from  the  Governor  and  accompanying 

documents '..: 402 

On  the  repeal  of  the  Ordinance  for  strengthening  the  Ex- 
ecutive Department ..; 407 

'»  . 

COMMITTEES,  STANDING.  • 

Resolution  for  appointment  of 21,  2f) 

On  Printing ••. .'. 29,  340 

On  Relations  with  the  Slaveholding  States  of  North  America. ...40 

On  Foreign  Relatious 40 

On  Commercial  Relations  and  Postal  Arracgements 41,  214 

On  the  Constitution  ofthe  State 41,  71,  214,  450 

On  Accounts 73,  82,  319,  320 

Engrossing  Committee , 73 

On^he  Military 22?,  314,  320 

Comptroller  General,  resolution  for  abolishing  office  of... 327,  329,  S57 
Confederate  Congress,  resolution  concerning  vacancies  in. .....209,  290 

Confederate  Loan,  resolution  authorizing  subscription  to 540 

(?bnner,  H,  W.,  resolutions  on  death  of. 18<S 

Constitution  of  Confederate  States 819,  831 

resolutions  concerning.:.. ..186,  187,  1S8,  191,  194,  207, 

20'9',  214,  216,  229,  236 

•     proposed  amendments  to... .207,  214,  243,  244,  245,  249, 

253,  255,  257,  258,  260,  413,  423;  589 

resolutions  in  regard  to  publication  of  debates  on. ..252,  272, 

414,  545 


.  INDEX.  857 

Constikition  of  the  State  of  South  Carolina... 803 

Ordinances  to  alter.. .51^  77,  78,  92,  108,  110,  200,  234, 
235,  242,  243,  279,  754,  758,  760,  768,. 771 

resolution  of  inquiry  as  to  alfeeraticm  of 199,  235 

•  resolution  for  engrossing...: 242^  550 

ratification  of. 279 

resolutions  for  su^ ponding  certain  portions  of... .308,  309, 
.  •  ,  330,  379 

resolution  concerning  changes  in 450  . 

liills  to  alter  and  amend 777,  778 

Qonstructiorr  and  Manufacture,  report  of  Chief  of  Department  of.. ..712 
oODtracts,  resolution  in  relation  to  laws  arresting  or  suspending. ...315, 

429,  451 

Convention,  first  session  of 3 

resolution  for  opening  daily  sessions  of,  with  prayer 5 

President  authorized  to  appoint  oflicors  of 9,  103 

I'esolution  for  adjournment  of,  to  Charleston 10 

officers  of,  appoi;:tcd 11,  41,  163,  183,  292,  305 

resolutions  for  adjournment  of 57,  137,  151,  158,  104, 

IGo,  174,  241,  252,  284,  285,  296,  388," 395 

resolutions  for  recess  of 82,  91 

resolutions  for  payment  of  expenses"  of. 123,174,178, 

268,  278,  352,  437 
Committee  to  call  together.. .155,  168,  274,  284,  287,  380 

Proclamation   convoking  .second  session  of 181 

8ecoj!d  ses.^^ion  of 188 

resulutions  for  dissolution  of .-. 241,  284 

Proclamation  convoking  tliird.  session  of ;  ........2^9 

Third  session  of 301 

resolutions  for  closing  third  session  of,  with  prayer.387,  395 

■   Proclamation  convoking  fourth  session  of -. 397 

Fourth  session  ^ 399 

Act  to  provide  for  calling /..... .459 

List  of  members  of 847 

Convention  of  Confederate  States,  communication  from 183 

Convention  of  Slaveholding  States,  Ordinance  providing  for...92,  114, 

118,124 

resolution  providing  for....: 118,  12G",  132,  4S.a 

Convention  of  iSitttes,   resolutions  for  .summoning,   to  consider  amend-* 
meuts  to  Con.stitutiou  of  Confederate  States.... 243,  244,  264,  639 
108 


858  INDEX. 

Correspondence  with  President  of  H.  S 173,  lT7,  484 

Council  of  Safety,  resolution  for  a^pnintnicnt  of 22,  30,  52 

Court  of'  Appeals,  resolution  conceniini;  cases  in 228 

Courts  of  Law,  resolutions 'c(3nccrninn:  jurisdiction  of. 74,  123,  2G4.  274 
(Sec  Ordinance;  concerning  Judicial  Powers.) 

Cowperthwait,  E.  K.,  account  of 157,  503 

Custom  llousc,  resolutions  concerning ol,  45,  40,  47,  56 

resolution  of  inquiry  rclatirc  to  expends  of...  142,  147 
,  resolution  of  inquiry  as  to  coudiliou  of  new. ..143,  140 

D.  ■  ■  ' 

Darby,  A.  T.,  Delegate  from  St.  JIattliew's,  granted  leave  to 

sign  Ordinance  of  Secession 113 

Dargan,  J.  A  ,  resolution  on  death  of 1>9 

Davis,  D.  AV.,  appointed  iMcssengor .* 1,^3 

Declaration  of  Causes  justifying  Secession 31,  39,  50,  75,  bS,  401 

Copies  to  be  sent  to-other  States S2 

Defence  of  Coast,  resolution  concerning , : 307 

Dcfeoce  of  State,  request  for  additional  troops  for: 357,  375 

,  Officers  authorized  to  compel  persons  to  take 

'v  up  arms  for 310,340 

Delegates  attended,  signed  the  roll  and  took  their  seats 5,  11,  20, 

113,  190,  203,300,333,401 

added  to  Committees 74,  214,  320,  340,  355,  414,  450 

•    ^  leave  granted  to  change  votes a. .265 

,.  leave  granted  to  record  votes 21,  28,  95,  243,  252,  265, 

268,  269,  365,  373 
leave  of  absence  granted  to.  ....52,  55,  56,  78,  80,  91,  114 
118,  128,  143,  151,  153,  161,  163,  174,  17^,  212,  228 
229,  241,  251,  265,  268,^0,  273,  274,  284,  288,  292 
293,  306,  312,  319,  324,  825,  326,  331,  333,  337,  3;i9 
346,  350,  361,  376,-378,  40l,  408,411,  414,  417,  421 

429,  431 

DeLorme,  C.  II.,  appointed  Messenger.'. 305 

Deputies  to  Conveniian  of  Slaveholding  States 132,  143,  163,  483 

balloting  for 171,  172,  173 

'Dickinson,  Hon.  Henry,  invited  to  seat  on  floor  of  Convention 14 

DoDatioQS  to  i^tatC;  resolution  of  thanks  for 282 


^  •  INDEX.  859 

Duties  oa  Itnportg,  resolutions  in  relation 'to 4G,  47,  58,  68,  €5, 

87,  90,  98,  100,  131,  249,  253,  257,  260,  358,  378,  579 

Elmore,  John  A.,  Comn)issioncr  from  Alabama,  invited  to 

scakon  floor  of  Convention 10 

•  address  by H 

invited  to  aeconipany  Convention  to  Charleston  ...14 

erqdentials  of 14,  17 

coiiiuiunication  from 20 

Engrossing  Committee  authorized  to  employ  clerks 82 

Enlisted  Troops,  transfer  of,  to  Confederate  Government 221,  222, 

242,200,510,535,537 

Ensign  of  South  Carolina,  Committee  appointed  to  prepare 158 

Exceutivc  Council,  resolutions  providing  for 109,  308,  343,  348, 

353,  302,  305,  309 

non)ination  of,  by  Governor..* 130,  511 

•  .  confirmation  of 137,  243 

balloting  for .• 375,  370,  379 

oath  aduiiiiistcred  to .,383 

journals  of,  to  be  open  to  public  inspection. .427, 452 
Executive  Department,  Ordinance  to  alter  Constitution  in 

relation  to 77,  92,  1G8,  110,  243, 

251,  279,  758 

resolution  for  strengthening 307 

Ordinance  for  strengthening 325,  337,  340, 

•     342,  348,  353,  355,  350,  3)2,  426,  793,  79 S 
Expulsion  of  invading  enemy,  resolutions  concerning 307 


F. 

Factories,  exemption  of  overseers  in 350,  301,  3S0 

Federal  Government,  Ordinances  in  relation  to  ofllicers  of 57,  87 

resulution  in  relation  to  powers  delegated  to.... 62 
(See  Ordinance  on  this  subject.) 
First  Iiogimcnt  S.  C.  Vuluiilccr.'*,  re.'^olution  for  tendering 

to  Confederate  Stales ..242,  200,  270,  511,  538 

Forbter,  Alex.  M., 'communication  from ,4ll 


860  INDEX.  '•         r 

Fort  Sumter,  resolution  for  restoring  possession  of,  to  the  State.,.;. .65 

demanding  delivery  of 65 

in  relation  to  garrisoning  of 66 

asking  information  from  Governor 

in  relation  to 90 

authorizing  Governor  to  make  pre- 
paration for  recapture  or  destruction  of. .  .1 07 
authorizing    Governor   to  prevent  t 

communication  with 108 

communication  from  commandant  of , 108 

resolution  in  relation  to  occupation  of. 108 

authorizing  Governor  to  take  immediate 

military  measures  in  relation  to Ill 

in  relation  to  withdrawal  of  troops  from 115 

to  cut  off  supplies  from 1S7 

Forts,  arsenals,  &c.,  transfer  of,  to  Confederate  Govermeut....509,  776 
(See  Ordinan/jes) 

Forts  in  Charleston  Harbor,  report  of  Committee  on 6-t 

resolutions  in  relation  to  the  delivery  of,  to  the  State... 32,  '53, 

54,  65,  66,  70 

asking  information  from  the  Governor  in  relation  to 90 

authorizing  Governor  to  take  possession  of : 107,  110 

approving  conduct  of  Governor  in  taking  possession  of 115 

communication  from  Governor  concerning ....121 

invitation  to  visit .' ..,.• 198 

resolution  of  thanks  to  Gen.  Beauregard  for  visit  to 235 

resolutions  for  strengthening... 280,  281,  284- 

Frost,  Edward,  member  of  Executive  Council ,.. 243 

■  G. 

GadbeVry,  James  M.,  resolutions  on  death  of 403 

Garlington,  A.  C,  member  of  Executive  Council 137 

Garrott,  J.  W.,  invifed  to  seat  on  floor  of  Convention 91 

communicatiun  from , 113 

-General  Assembly,  attended  signing  of  Ordinance  of  Secession  ..45,  58 

copies  of  Ordinances  to  be  sentto <..122 

resolution  vesting  powers  iu..- .172 

resolution  suspending  certain  Acts  of 308 

exemption  of  members  of,  from  militia  duty.... 320 


INDEp^.  861 

• 

General  Assembly,  Ordinance  pivinjj  powers  to ^...800 

Georgetown,  resolutions  concerning  abandonment  of. 430,  451 

Georgia,  communication  from  members^f  Legislature  of.. 23,  28,  62,477 

tluiuks  tendered  (o  volunteers  from.. -....oSS 

Gibbes,  James  G.,  &  Co.,  communication  from .^. 355,  361,  380 

Gibbes,  Dr.  11.  W.,  appo'inted  Printer  to  Convention •...SVi 

accountof 437,441,  743 

Gist,  V^m:  H.,  elected  member  of  Executive  Council...    .  379 

oath  of  office'administercd  to 383 

Glass,  P.  13.,  account  of... 82, 123,  503 

Governor,  invitation  to  attend  inauguration  of 5 

resolution  in  relation  to 14 

invited  to  seat  on  floor  of  Convention.. ...:39 

invited  to  attend  secret  sessions '. 107 

addressed  Convention ^...IQS 

copies  of  Ordinances  to  be  sent  to 122 

communications  from.. ......121,  136,  140,   154,  503,  221, 

821,  385,  402,  509,  553,  585, 

Green,  IL  D.,  conimunication  from...* 176 

Gregg,  Maxcj<  communication  from 373 

Greueker,  R.  XL,  account  of.... 437,  441,  743 


H. 

Hanckel,  T.  M.,  appointed  Deputy  Cashier ^ 292 

Hayne,  I.  W.,  elected  member  of  Executive  Council 378 

oath  of  office  adniinistered  to..'..... 383 

Ileriot,  Benj.  D.„  communication  from 143,  147 

Heriot,  Benj.  G.,  communication  from 143,  147 

Honour,  John  H.,  communication  from 305 

Hooker,  Charles  E.,  Commissioner  from  Mississippi,  invited  to 

seat  on  floor  of  Convention 10 

address  by 9i 11 

invited  to  accompany  Convention  to  Charleston.  14 

credentials  of. 14,  15 

coujinutiication  from ^^ 

Ilorton  &  Shepherd,  account  of 157,  503 

Horry  Di.'^patch,  account  of — />. ^ 252,  278 


862  INDEX. 

.  I. 

Infantry,  resolution  for' raisin<jL  for  State  service 123,134,137, 

140,111,222 

Interior,  report  of  Secretary  of ..••  52S 

Internal  lujprovomeuts,  resolution  concerning 418,  417,  425 

J. 

Jamison,  D.  F.,  temporary  Pre.-idcnt : ....B 

address  of....» ." 3 

elected  pcnuuneut  President 9 

•  addresses  by 9,  IbB,  288,  302,  394,  39^),  453 

Member  of  Executive  Council 137 

Jones,  Lewis,  accouct  .of ; 319,  3G1,  578 

Justice  and  Police,  report  of  C:ucf  of  Department  of,  with  accom- 
panying papers.; * ...649 

L.  . 

Lambert  &  Howell,  accounts  of 157,  284,  288,  503 

LiiMolte,  C.  0.,  appointed  Me:^senger 11 

Letters  of  Marque,  Ordinance  for  issuing 142,  151,  172 

Librarian  (See  Theodore  Stark). 

Light  Artillery,  resolutions  for  armitig  atid  equipping 334,  .340,  574 

Li"hts  and  Beacons,  resolution  for  removal  of. 138,  140 

Logan,  11.  C.,  appointed  Cashier *...41 

Lylcs,  Wm.  S.,  resolutions  on  death  of v.., 403 


M. 

Maf^rath,  A.  G.,  Member  of  E.ecutivo  Council ....137 

Manning,  John  L^  elected  Commissioner  to  Louisiana 154 

■*  communication  from 198 

Marion  Star,  aceountof ..•• ..352,  361,  578 

Iklarlboro'  District,  petition  of  citizens  of 407,  425,  438,  441 

^lartial  Law,  resolutiun  authorizing  Governor  to  declare 142,  146 

Mayor  of  Clrarleston  invited  to  seat  on  floor  of  ConvenlioQ 39 

McQueen,  John,  elected  Commissioner  to  Texas 15G 

communicatiou  from ~ 276 


•    INDEX.  863 

Means,  John  IT.,  resolutions  on  death  cf 403 

Men)beis  of  Congress  invited  to  scats  on  floor  of  Convention 124 

jMemniinger,  C.  G.,  member  of  Executive  Council 137 

]\lilita>7,  report  of  Chief,  of  Department  of,  with  acconipan^-ing 

papers r..587 

Wilitia,  resolutions  for  organizing   certain  portions  of 329,  347, 

....  .  358,  575 

Militia  duty,  exemption  from...'..... 320   321 

Mississippi,  Commissioner  from  (See  Charles  E.  Ilooker). 

Mordecai,  Benjamin,  resolution  concerning  donation  from  282 


N. 

Negroes,  removal  of,  from  expopcjl  Districts ;,..306,  313,  325,330 

334,  34G,  347,  353,  379,  570 

Negro  stealing,  resolution  concerning, .* ..321    3;"5 

Nettles,  Samuel  J.,  appointed  Doorkeeper 11^ 

New  .Orleans,  despatch  from  Major  of 17(3 

Non-slaveholding  States,  resolutions  in  relation  to  admission  oF....413, 

417,419,423,425,-732 
North  Carolina,  despatch  sent  to  Governor  of 151 


o. 

Oath  of  office.  Ordinance  in  relation  to .' 51 

Officers  of  Convention,  resolutions  for  piyment  of.. .178,  268   352  437 

Officers  in  military  scrvioe  eligible  to  soat  iti  Legislature 429,  451 

Officers  of  military,  resolution  for  appointment  of .- 32O 

Officers  in  U.  S.  service,  Ordinance  jn  reference  to  resignation  of.. .-.58 

ORDINANCES  PASSED. 

To  dissolve  the  union  between  the  State  of  South  Carolina 
and  other  States  united  with  her  under  the  com- 
pact entitled  "The  Constitution  of  the  United 
States  of«Ainerica" , 40   75 j 

To  alter  the  Constitution  of  the  State  of  South  Carolina,  in 

respect  to  the  oath  of  offico 51    754 

To  make  Provisional  Postal  Arra:)gcmcnts  in  Sou^h 

Carolina 07,755 

Kepcaled jjj 


864     .  INDFA'. 

ORDINANCES  PASSED. 

To  proviJe  for  the  continuance  of  Commercial  facilities  in 

*  Suuth  Carolina G7,  7-"^,  78,  83,  13,  105,  750 

Repealed 771 

To  amend  th"  Constitution  of  the  State  of  South  Carolina 

in  respect  to  the  Executive  Department 77, 'J2,  lOS, 

110,758. 

Amended '. 775 

To  alter  the  Constitution   of  tlie   State  of  South  Carolipa, 

by  striking  out  certain  words  in  sundry  places 78,  92, 

110,700 

Repealed...., 771 

Conceriiiosr  Judicial  Powers 108,  123,  143,  762 

Repealed 771 

Concerninpj   powers   latply   vested   in   the  Congress  of  the 

United  States ^ 108,  143,  763. 

Repealed 771 

To  dtfinc  and  punish  '1  reason ..1 10,  143,  701 

Concerning  Citizenship 110,  144,  148,  764 

Anicnded .710 

To  vest  iu  the  General  Assembly   the   power   to  establish 

Postal  Arrangements 177,  766 

Repealed ,. 771 

To  amend  an  Ordinance  concerning  citizenship. 187,  235,  241,  770 
To  rutif'y  the  Provisional  Constitution  and  Govern m«nt  of 

the  Confederate  States  of  America 199,  270,774 

To  ratify   the   Constitution  of   the  Confederate  States   of 

Atoeriea 200,  210,  222,  226,  228,  236,  238,  252,  767 

To  repeal  sundry  Ordinances,  and  to  alter  the  Fourth  Arti- 
cle and  sundry  Sections  of   the  Constitution 200,  235, 

242,  243,  771  • 
To  transfer  to  the  Government  of  the  Confederate  States  of 
America  the  use  and  occupancy  of  the  fort-s,  arse- 
nals, navy  yards,  custom   houses,  and  other  public 

sites,  within  the  limits  of  this  State 203,  273,  281, 

382,  776 
To  alter  the  tenth  section  of  the  first  Article  of  the  Consti- 
tution   of    the   State   of    South   Carolina,  and  the 
amendment  thereof,   ratified   the  28th  of  January, 


INDEX.  865 

ORDINANCES  PASSED. 

1861 ;  also,  to  alter  the  tenth  section  of  the  aniend- 
nicnts  ratified  on  the  17th  day  of  December,  1808, 
and  likewise  the  second  clause  of  the  eleventh  Ar- 
ticle of  the  Cdnstitution  aforesaid 235,  242,  768 

To  repeal  in  part,  and  to  alter  in  part,  the  Ordinsiftce  en- 
titled '*  An  Ordinance  to  amend  the  Constitution 
of  the  State  of  South  Carolina,  in  respect  to  the 
Executive  iTepartnicnt ; 279,  775 

To  provide  for  the  removal  of  negroCs  and  other  property 
from  portions  of  the  State  Avhich  may  be  invaded 
by  the  enemy 325,  330,  334,  355,  779 

To  exempt  Overseers  from  the  p'erformance  of  militia  duty... 325, 

336,  355,  783 

For  strengthenino;  the  Executive  Department  during  the 

exigencies  of  the  present  Kyar 325,  337,  340,  342,  348, 

353,  355,  356,  362,  3§0,  793 
Amended , 798 

To  suspend  in  part  the  operation  of  an  Act  of  the  General 
Assembly,  entitled  "An  Act  regulating  and  fixing 
the  salari«  of  officers,  and  for  other  purposes  there- 
in mentioned" 330,  357,  788 

Further  to  provide  for  the  Harbor  and  Coast   Defences  of 

the  State 333,  358,  375,  789 

To  enable  citizens  of  this  State  who  are  in  military  service 

to  exercise  the  right'of  sufi"rage". 347,  356,  785 

To  provide  for  holding  elections  in   Districts  occupied  or 

threatened  by  the  enemy v..;....  347,  357,  784 

lo  relation  .to  a  portion  of  the  militia 347,  359,  376,  379, 

380,791 

To  suspend  certain  parts  of  the  Constitution  of  the  State 

of  South  Carolina 379,  380,  797 

To   amend   an    Ordinance   entitled   "An    Ordinance    for     . 
strengthening    the   Executive   Department 'during 
the  exigencies  of  the  present  war".  .431,  438,  445,  447, 

449,  450,  798 

To  give  to  the  General  Assembly  power  in  reference  to 
ccrtaiff  Ordinances  and  liesolutions  of  this  Conven- 
tion     .' 452,  800 

109 


866  INDEX. 

OEDINANCES  NOT  PASSED. 

In  relation  to  citizens  of  South  Carolina  who  may  resign 
tlieir  commissions  in  the  naval  or  military  service  of 
the  United  States 58 

To  provide  for  the  continuance  of  Commercial  liclations  in 

South  Carolina 68,  75,  78,  83 

Concerning  Admiralty  and  Maritime  Jurisdiction 74 

l\econiniending  and  providing  for  a  Convention  of  the 
Slavcholding  States  of  the  United  States,  to  form 
the  Constitution  of  a  Southern  Confederacy 92,114, 

118,   121: 

Authorizing  the  Governor  to  issue  Letters  of  JVJarque  and 

Reprisal , 142,  151,  172 

Ordering  a  Convention  of  the  People  of  the  State  of  South 

Carolina,  6n  a  certain  contingency 109 

To  provide  for  the  appoiotiiicnt  of  Electors  ot  President  and 

Vice  President  of  the  Confederate  States  of  America. .200 

To  ameiid  the  ninth  Article  of  the  Constitution  of  the 

State  of  South  Carolina 200,  234,  242 

To  amend  an  Ordinance  entitled  "An  Ordinance  to  alter      ^      ' 
the  Constitution  of  the  State  of  South  Carolina,  by 
striking  out  certain  words  in  sundry  places  ".200,  235,  241 

To  provide  an  armed  force  for  the  defence  of  the  State. .314,  330, 

347,  359,  576 

To  afford  pecuniary  relief  to  the  people  of  this  State 353,  373 

Supplemental  to,  and  amendatory  of,  an  Ordinance  to  pro- 
~    vide  for  the  removal  of  negroes  and  other  property 
from  portions  ofthe  State  which  may  be  invaded  by 
the  enemy 371,  883 

To  repeal  an  Ordinance  entitled  '•  An  Ordinance  for 
strengthening  the  Executive  Department  during  the 
exigencies  of  the  present  war,"  and  for  other  pur- 
poses  406,425,  430,  431,  438,  441,  443,  447,  449,  450 

To  amend  the  fourth  section  of  the   first  Article  of  the 

Constitution 407,  414 

To. repeal  "An  Ordinance  to  suspend  certain  parts  of  the 

Constitution  of  the  State  of  South  Carolina  "..408,  418, 426 

To  amend  the  thirteenth  section  of  the  first  Article  of  the 

Constitution  of  the  State  of  South  Carolina.. 414)  417,  426 


INDEX.  867 

Ordinances,  copies  of,  to  be  sent  to  certain  persons .....122,  379 

resolutions  for  printing  and  distribution  of.. .73,  271,  392, 

451,  546,  747 

.Orphan  House  of  Cliarleston,  invitation  to  visit ^ 62 

Orr,  James  L.,  elected  Conimissiouer  to  Washington 59 

elected  Commissioner  to  Georgia *. 156 

communication  from 197 


P. 

Palmer,  Rev.  13.  M.,  invited  to  deliver  discourse ^ 435 

communication  from 450 

Parker,  Francis  S,  communication  from 411 

Pay  of  Delegates,  resolutions  providing  for 165,  174,  285,  352,  437 

Pelham,  C.  P.,  account  of -4-9,  437,  742 

Perry,  M.  S.,  invited  to  seat  on  floor  of  Convention ........73 

•  '  .  .  ^      ,  Q1 

communication  Irom o"- 

Police  regulations  for  seaboard  Districts 334,  359 

Porcher,  P.  J.,  appointed  Cashier p?-o  tern.... 163 

Post  Master  of  Charleston,  communication  from ...26 

Post  Ofiices,  Ordinances  concerning  .w 45,  46,  47,  56 

Post  Office  Department,  report  of ^^^ 

President  of  Convention  (See  D.  F.  Jamison). 

I'resident  of  Senate  invited  to  seat  on  floor  of  Convention 39 

President  of  the  United  States,  correspondence  between  Corn- 
mi  s  ss  i  o  n  e  rs  a  n  d  "^^  °  ■* 

President  and  Vice  President  of  Confederate  States,  resolutions 

for  election  of,  by  Conventions  of  States 163,  169 

Pressley,  John  G.,  appointed  Deputy  Cashier * .-41 

communication  from ;....361 

Printers,  Evans  &  Cogswell  appointed ....^....28 

resolutions  in  relation  to  accounts  of 73,  387,  452 

Dr.  11.  W.  Gibbes  appointed .....313 

certain,  sworn  to^ecrecy 325,  326,  329,  356 

secret  work  by ^-" 

Printing,  resolution  authorizing  Committee  to  receive  proposals  for.306 

report  on  proposals "^^-' 

Property  of  United  Slates  iu  South  Carolina 22,   30,32,-53,54, 

^  '  (j5,'iG,  70 


868  INDEX. 

Provisional  Government,  resolution  providing  for 127,  129,  164, 

170,  483 
resolution  of  confidence  i^ 187,279 

R.  . 

REPORTS  OF  COMMITTEES. 

ACCOUNTS. 

On  sundry  accounts 123,  157,  171,  252,  288,  361,  378,  425, 

429,  503,  504,  540,  578,  742 

COMMERCIAL   RELATIONS   AND   POSTAL   ARRANGEMENTS. 

On  provisional  postal  arrangements 67 

On  customs  and  oflacers t 67,  75,  78,  83,  93 

On  new  Custom  House 146 

On  communications  from  B.  D.  Herio't  and  B.  G.  Heriot 147 

On  expenses  of  Custom  House ., 147 

On  drafts  on  Sub  Treasurer 161 

On  communications  from  Post  Master  General  and  Secretary 

of  the  Treasury 225 

On  a  resolution  for  memorializing  Congress  to  repeal  or 

suspend  the  duties  on  imports 378,579 

CONSTITUTION   OF   THE   STATE. 

On  Ordinances  to   alter   the    Constitution 77,  78,,  92,  108, 

110,  234,  235,  242,  251,  330,  357,  572,  7o3 

On  sundy  Ordinances 108,  143,  145,  235,  242,  733 

On  a  resolution  of  inquiry  concerning  the  oflfiees  of  Comp- 
troller General  and  Treasurer 357,  571 

On  a  resolution  of  inquiry  as  to   matters  now  requiring 

modification  or  repeal , 748 

ENGROSSED   ORDINANCES. 

On  sundry  Ordinances 143,  156,  170,  228,  278,  279,  288, 

291,340,392,452,  505,  547 
On"  resolutions  concerning  the  publication  of  the  secret 

■    journals,  &c ....242,270,392,451,544,744 


INDEX.  869 

REPORTS  OF  COMMITTEES. 

It)REIGN    RELATIONS. 

On  the  nppointmenfc  of  Commissioners  to  treat  with   the 

United  States 53^  70 

On  resolutions  making  known  to  Foreign  Powers  the  seces- 
sion of  the  State 171 

On  letters  of  marque  and  reprisal 151,  172 

On  the  report  of  the  Secretary  of  State 235,  5'12 

MILITARY. 

On  communication  from  the  Governor,  with  accompanying 
documents,  and   resolutions   concerning    volunteer 

companies , 242,  265,  266,  270,  535 

On  forces  raised  for  local  defence .' 282 

On  increasing  the  powers  of  the  Adjutant  General .325,  333, 

334,   508 

'  On  liability  of  aliens  to  perform  military  duty 330,  357 

On  compelling  persons  to  arm  in  defence  of  the  State. ...340,  568 
In  relation  to  the  Surgepn  General's  Department. ...340,  358,  573 
In  relation  to  organizing  and  equipping  Artillery  Compa- 

-nies : 340,  358,  573 

In  relation  to  public  arms, 340,  358,  574 

On  communication  from  the  Governor  as  to  forces  in  Con- 
federate service 347,.358,  575 

On  organizing  certain  portions  of  the  Militia 347,  358,  575 

On  appointment  of  ofiicers  in  cases  of  draft 347,  358 

On  an  Ordinance  to  provide  an  armed  force  for  the  defence 

of  the  State 347,  oo8,  576 

PRINTINa. 

On  proposals   for  printing.* 28,  312 

On  printing   Address  to  the  People  of  the  Slaveholding 

St*ites , 156 

On  photographing  Ordinance  of  Secession, 172,  204 

On    printing   correspondence    with    the   President  of  the' 

United  States ...:. ." 17? 

On  lithographing  the  Ordinance  of  Secession 204,  543 

On  printing  Journals  of  Convention 208,282 


870  INDEX.  ■  , 

EEPORTS  OF  'COMMITTEES. 

RELATIONS   WITH   SLAVEHOLCfNG    STATES.  ' 

On  sundry   resolutions  providing  for  a  Convention  of  the 

Slaveholdiug  States 80,  92,  114,  118,  124,  126,  143 

On  an  Ordinance  concerning  cession  of  Forts,  &c 228 

Providing  for  Commissioners  to  Slaveliolding  States 480 

SPECIAL   COMMITTEES. 

On  draft  of  Ordinance  of  Secession , ; 42 

On  Address  to  the  People  of  the  Southern  States 51,  71,  74^ 

75,  88 

On  Declaration  of  causes  justifying  secession 56,  75,  88 

On  Address  of  Members  of  General  Assembly  of  Georgia 

62,  477 
On   property  of  the  United   States  within   the  limits  of 

South  Carolina ' 63 

On  the  Legislation  of  Congress  abrogated  by  act  of  seces- 
sion  199,  292 

On  measures  necessary  to  protect  parties  to  cases  now  pend-        , 

ing  in  courts. 274 

On  communications  from  the  Governor  and  Commander  of 

the  forces  in  Charleston ., ....296. 

*     On  providing  more  efficient  police  regulations  for  Districts 

on  the  Seaboard 359,  577 

On  affording  aid  to  the  Confederate  authorities 325,  359,  373 

On  voluntary  removal  of  negroes. ...l..u 353 

On  removal  of  non-combatants  from  Charleston 370,  376, 

383,  386,  388,  393,  580,  582 

Concerning  negroes  stolen  by  the  enemy 375 

.  On  communication  from  the  Governor  and  acfcompauying 

reports  of  .the  Executive  Council 417,  426,  429,  430, 

441,  734 
On  repealing  the  Ordinance  strengthening  the  Executive 

Department.. 425,  430,  431 

Representatives  in  Congress  of  United  States  invited  to  seat  ou 

floor  of  Convention .- 124 

requested  to  prepare  paper  for  publication. .,..174,  178 
Representation,  resolution  concerning 287 


INDEX.  871    * 

KEPORTS  OF  COMMITTEES.  •     • 

Eeprescqtation,  provision  for,  in  Districts  occupied  or  tlirentoned 

by  the  enemy 3^7,  347,  357 

Reserves,  Regiment  of,  resolution  concerning 329 

Rules  of  Convention 9   27   §5 

Jlutledge,  B.  H.,  appointed  Deputy  Cashier  pro  tern 163 

communication  from 311 


S. 

St.  Andrew's  Society,  coraraunication  from 1(30 

sundry  articles  placed  at  the  disposal  of 269 

St.  Matthew's  Parish,  ^solution  for  election  of  Delegate  for ,....10 

Schouboe,  F.  L.,  account  of.».... 178   252  549 

appointed  Doorkeeper 183 

Secession  of  State,  resolutions  providing  for H 

Secession,  Ordinance  of,  Comniittee  appointed  to  draft , 23 

as  adopted '. 42   751 

adoption  of 43 

resolution  for  signing... 45 

signing  of 48,113 

ratification  of 49 

resolution  for  photographing 74,172,204 

copies  of,  to  be  sent  to 'Governors  of  other 
States,  and  Ministers  of  Foreign  Powers. 82, 

156,  171 
resolution  for  disposition  of  appurtenances 

used  in  signing 178 

report  on  lithographing 204,543 

Secession,  statement  of  causes  justifying 31,  39,  56,  75,  88    4G1 

resolution  for  ascertaining  how  legislation  of  Ccwgress 

is  affected  by 35,  58,  199 

Secret  sessions,  resolutions  concerning '. 210   215 

resolutions  in  relation  to  printing  proceedings  of.. .236 

242,  271,  361,  392,  403,  409, 4^3,  414,  45"!,  544,  744 

certain  persons  sworn  to  perform  printing  for...o25,  326 

remissness  of  certain  Delegates  in  relation  to 334 

Secretary  of  State,  report  of -. 516 

Silcox,  D.  H.,  account  of 157   593 


872  INDEX. 

Simons,  T.  Y.,  appointed  Temporary  Secretary ,. 3 

Slaveholding  States,  Committee  on  relations  with , 29,  40 

resolutions  for  provisional  union  of TSl 

for  confederacy  of '. 32' 

for  assemblage  of. ,41 

address  to  People  of 21,  51,  74,  75,  82,  88, 

'       467,151? 

Slaves  in  possession  of  the  enemy,  resolution  concerning 306 

Solicitor  to  prepare  commis^ons  for-Conuuissiouers  to  Washington. ..63 

per  diem  and  mileage  allowed  to 27S,  352,  437 

South  Carolina  Volunteers,  thanks  of  Convention  tendered  to. 440 

names  of  deceased  to  be  recorded 440 

Spain,  A.  C,  elected  Commissioner  to  Arkansas .154 

communication  from .•. 197 

Speaker  House  of  llepresentatives  invittd   to  seat  on  floor  of 

Convention , 39 

Spratt,  L.  W.,  elected  Commissioner  to  Florida 150 

communication  from 196 

Stark,  Theodore,  communication  frpm '..326 

admitted  to  seat  on  floor  of  Convention 326 

accounts  of 376,  378,  441,  451,  578,  743 

per  diem  allowed  to 378,  441 

State  Arms,  resolution  concemicg 315,  553 

State  Forces  in  service  of  Confederate  States,  resolution  con- 
cerning.....'  314,  553 

State  Troops,  resolution  concerning •412,  417 

statement  of,  in  service 560,  665 

.  (See  also  reports  of  Adjutant  and  Inspector  General.) 

Statement  of  interview  with  President  Buchanan .....498 

Stokes,  E.  R.,  account  of 73,  82,  123,  503 

Suares,^J.  E.,  account  of 157,  503 

Sub-Treasurer  of  United  States,  resolution  in  relation  to  drafts 

on. 155,  168,  169 

Surgeon  Grencral's  Department,  resolution  concerning... 330,  340,  573 


T. 

» 

Treasurers  of  Upper  and  Lower  Divisions,  resolutioB  for  abolish- 
ing ofiices  of 327,  329,  357 


INDEX.  8V3 

Treasury,  Secretary  of,  resolution  creating  oflEiec  of 327,  320 

report  of „..524 

Treasury  and  Finance,  report  of  Chief  of  Department  of 688 

Trescot,  Wm.  H.,  resolution  of  thanks  to 173 

Trimmier,  W.  H.,  accounts  of 408,  425,  431,  742 

Twiggs,  Gen.  D.  E.,  resolution  of  thanks  to 290 

U.  V. 

Untenable  territory,  resolution  concerning 30Gj[<^70 

Vacant  offices,  resolution  for  filling ....321 

Vessels,  certain  to  be  registered  as  belonging  to  South  Carolina 95 

Volunteers,  Governor  authorized  to  receive,  from    abroad 110 

resolutions  in  relation  to  bonds  for  arras  from 270 

^  resolutions  concerning  South  Carolina.. 242,  260,  270,  538 

concerning,  now  in  State  service .* 316 

Volunteer  Companies,  resolutions  for  reception  of 150,  173 

officers  in,    not  disqualified  |'rom    holding 

office  iu  State .....177 

Governor  authorized  to  commission  officers 

of 241,320,358,382,541 

resolutions  of  thanks  to ....283,  295 

Volunteer  Forces,  resolutions  for  tendering  to  Confederate  States.... 222, 

242,  266,  270,  537 

w. 

• 

Waddell,  S.,  appointpd  Doorkeeper 305 

War,  report  of  Secretary  of....- .' 518 

Wardlaw,  F.  H.,  resolutions  on  death  of .' 317 

Watts,  W.  D.,  resolutions  on  death  of 317 

Webb  &  Sage,  account  of 284,  288 

Whitner,  J.  N,,  communication  from^. ...401 

Wi^fall,  L.  T.,  communication  from lOS 

invited  to  seat  on  floor  of  Convention 224 

Withers,  T.  J.,  resignation  of 319, ,352 

Y.  » 

Yorkville^nquirer,  account  of 412,  429,  437,  742 


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